7 Everyday Instagram Habits That Can Break Indian Law

Most people who get into legal trouble on Instagram never meant to. They used a friend's password, made a "parody" page, reposted a song, or vented about a shop in a story.

• Using someone else's password can fall under Section 66C of the IT Act (up to 3 years).
• Pretending to be someone else online can fall under Section 66D (up to 3 years).
• Posting a private image without consent can fall under Section 66E (up to 3 years or a Rs 2 lakh fine).
• Copyright infringement is a criminal offence under Section 63 of the Copyright Act.
• The famous "Section 66A" that people still threaten each other with was struck down in 2015.

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This guide explains the law in plain words. It is not legal advice; for a live dispute, speak to a lawyer.

Couples share passwords. Friends "check" each other's DMs. Social media managers keep using a client's login after the contract ends. The law does not care how casual it felt.

Section 66C of the Information Technology Act, 2000 punishes anyone who fraudulently or dishonestly uses another person's password, electronic signature or other unique identification feature. The punishment is imprisonment of up to three years and a fine of up to Rs 1 lakh.

The key words are "fraudulently or dishonestly". Using a login with clear permission is different from reading a partner's DMs after a breakup or posting from an ex client's account. If you would not do it with the owner watching, do not do it.

Fan pages, prank accounts and "official" pages for celebrities are everywhere. When an account pretends to be a specific person and uses that to cheat anyone, for example by asking followers for money, promoting a giveaway or collecting phone numbers, it can fall under Section 66D of the IT Act: cheating by personation using a computer resource.

The punishment is the same as 66C: up to three years and a fine of up to Rs 1 lakh.

Instagram's own rules also ban accounts that impersonate others, and the person being copied can report the account even without an Instagram login. A clear "fan account" or "parody" label in the name and bio is the minimum, and it still does not protect an account that misleads people for gain.

Section 66E of the IT Act makes it an offence to capture, publish or transmit an image of a private area of any person without their consent, in circumstances that violate their privacy. The punishment is up to three years, or a fine of up to Rs 2 lakh, or both.

It does not matter that the photo was once sent to you willingly. Consent to receive is not consent to publish.

Platforms are also under a strict clock. Under the IT Rules, a complaint about this kind of content must be acted on within hours, not days. Our guide on what to do when someone posts your private photo explains the full reporting route.

"I only shared it in a group" is not a defence. Section 67 of the IT Act covers publishing or transmitting obscene material in electronic form. A first conviction can bring up to three years and a fine of up to Rs 5 lakh; a second conviction up to five years and Rs 10 lakh.

Section 67A goes further for sexually explicit acts or conduct, with up to five years and a fine of up to Rs 10 lakh on first conviction. Material involving children falls under the even stricter Section 67B.

Sending it in a DM, a broadcast channel or a Close Friends story is still transmitting it.

This is the habit almost every Indian creator has. A trending film scene with your caption on top. A cricket highlight. A photographer's picture with "credit to owner".

Under the Copyright Act, 1957, using someone's work without a licence can be an infringement (Section 51), and knowingly infringing is a criminal offence under Section 63: imprisonment of six months to three years and a fine of Rs 50,000 to Rs 2 lakh.

"Credit to owner" is not a licence. Neither is "no copyright intended". What you can do:

• Use music from Instagram's own audio library inside the app, within its terms.
• Ask the owner for written permission, and keep it.
• Shoot your own footage, or use stock media whose licence covers social posts.

Rights holders also use Instagram's reporting tools, and repeated copyright removals can affect an account.

Angry reviews feel like free speech, and honest opinions usually are. But a post that states as fact something damaging and untrue about an identifiable person can be defamation.

Criminal defamation now sits in Section 356 of the Bharatiya Nyaya Sanhita, 2023, which replaced the old IPC sections. Section 356(2) allows simple imprisonment of up to two years, a fine, or both, or community service, as former Chief Justice U U Lalit noted in 2025. A civil suit for damages is a separate risk.

Safer habit: describe what happened ("I paid on 3 March, the order has not arrived, support has not replied") instead of labels ("these people are thieves"). Facts you can prove are your best protection.

Got a free serum, a hotel stay or a discount code in exchange for a post? The Department of Consumer Affairs' 2023 endorsement guidelines say that connection must be disclosed clearly, and the Central Consumer Protection Authority can fine endorsers of misleading ads up to Rs 10 lakh, and up to Rs 50 lakh for repeat offences.

We cover this one in detail in Posted a Paid Collab Without #ad?

Section 66A of the IT Act, the old offence of sending "grossly offensive" or "menacing" messages, was struck down by the Supreme Court in Shreya Singhal v. Union of India (2015) for being vague and overbroad (summary).

Cases kept being filed anyway, so on 12 October 2022 the Supreme Court directed police across India not to register any complaint under Section 66A and to drop it from pending cases (SC Observer report).

If someone threatens you with "66A" over a comment, they are quoting a dead law. Other sections can still apply, so the advice above stands.

Is it illegal to log into my partner's Instagram if I know the password? Knowing a password is not permission. Section 66C covers fraudulent or dishonest use of another person's password. Use another account only with clear consent.

Can I go to jail for reposting a movie clip? Knowing copyright infringement is an offence under Section 63 of the Copyright Act, with six months to three years. Most disputes start with takedowns and notices, but the criminal provision exists.

Is a parody account legal? A clearly labelled parody that does not mislead anyone is lower risk. An account that passes itself off as a person to cheat people can fall under Section 66D, and Instagram removes impersonation accounts.

Is Section 66A still valid? No. It was struck down in 2015, and in 2022 the Supreme Court told police not to register cases under it.

Where do I report an online crime in India? Use the National Cyber Crime Reporting Portal at cybercrime.gov.in or call the 1930 helpline.

Growing an account the right way starts with content you own. When you want a head start, compare the current Instagram services; no password is ever needed, only a public link.