Can you Video Record a police officer if he is not doing his duty properly ?
Can you Video Record a police officer if he is not doing his duty properly ? Does the officer have the right to delete the video made by you? And many more in this post:
First and foremost, understand that you do have a First Amendment right to videotape or photograph a police officer performing their duties in public. It’s a Constitutional right, but the way states are going to implement that right is going to vary. But as a general rule, you do have a right to pull out your cell phone camera—especially if you ask nicely—and videotape a cop.
The officer does not have a right to take or delete the pictures or videos on your cell phone. This would be an obstruction of justice and they’d be destroying evidence. They might do it, but there are a few that have gotten into significant legal trouble for doing so.
When an officer tries to make you stop recording or taking pictures, many will argue that you are obstructing their work and that you are violating other laws. But they may just be saying that to get you to stop—you have to understand what the laws are and make sure you’re out of their way as you’re filming them.
Section 353 IPC
According to section 353 of the Indian penal code, Whoever assaults or uses criminal force on any person being a public servant in the execution of his duty as such public servant, or with intent to prevent or deter that person from discharging his duty as such public servant, or in consequence of anything done or attempted to be done by such person to the lawful discharge of his duty as such public servant, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
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