With the rise in smart home security, installing a CCTV camera in front of your house is now a common practice. However, while you have the right to protect your property, your neighbor has an equal Fundamental Right to Privacy under Article 21.
If your security measure crosses the line into surveillance of others, you could face stiff penalties under India’s new criminal and data protection laws.
Is it Legal to Install a CCTV Camera?
Yes. Every homeowner in India has the legal right to install security cameras on their own property for safety, crime prevention, and monitoring their entrance. Generally, you do not need a police permit or a “No Objection Certificate” (NOC) to install a camera on a standalone house.
The Shared Space Exception:
If you live in a shared residential building or an apartment complex, recent Supreme Court rulings (e.g., Indranil Mullick vs. Shuvendra Mullick, 2025) have clarified that you cannot install cameras in shared corridors or common areas inside the building without the consent of all co-occupants.
Where Your Right Ends: The Privacy Boundary
Your camera is meant to be a “shield” for you, not a “spear” against your neighbor.
- Public vs. Private View: It is perfectly legal to capture the public road or your own gate. However, it is illegal to angle your camera specifically to view the interior of a neighbor’s house, their windows, balconies, or private backyard.
- The “Nuisance” Rule: Under civil law, a camera pointed at a neighbor’s door can be classified as a “nuisance,” allowing them to sue you for an injunction to have it removed.
Penalties Under BNS and IT Act
Misusing a CCTV camera can lead to criminal charges. In 2026, these are governed by the Bharatiya Nyaya Sanhita (BNS) and the IT Act:
- Voyeurism (Section 77, BNS): Capturing or distributing images of a person (specifically women) in a private act where they expect privacy (e.g., inside their bedroom or through a window) is a serious offense.
- Violation of Privacy (Section 66E, IT Act): Intentionally capturing or publishing images of a person’s private areas without consent can lead to 3 years of jail or a ₹2 Lakh fine.
- DPDP Rules 2026: New digital data rules mandate that if you are a business or an organization (like a Housing Society), you must handle CCTV data securely, limit its storage period, and allow people to know what data you have on them.
Best Practices for Homeowners
To ensure your security system is legally compliant, follow these steps:
- Adjust the Lens: Point the camera at your own assets (gate, car, driveway). Avoid capturing a neighbor’s porch or main door.
- Display Warning Signs: You must place a visible sign stating: “The area is under CCTV Surveillance.” This is a mandatory requirement in many states to ensure “informed consent” for passersby.
- No Audio Recording: Secretly recording audio in a neighbor’s direction can violate wiretapping and privacy laws. Stick to video-only for external security.
What to do if a Neighbor’s Camera Invades Your Privacy?
If you feel a neighbor’s camera is “peeping” into your home:
- First Step: Have a polite conversation and ask them to tilt the camera away.
- Second Step: Send a formal Legal Notice through a lawyer demanding the repositioning of the camera.
- Third Step: File a police complaint under Public Nuisance or Invasion of Privacy.
Disclaimer: The information provided in this article is for general awareness and educational purposes only. Laws and judicial interpretations may vary based on facts and circumstances. Readers are advised to consult a qualified legal professional before taking any action based on the information contained herein.
