Photographing Arrested Accused Will Cost Police Dearly: Rajasthan High Court Issues Strict Directions

Jaipur, January 20, 2026 (Udaipur Kiran): The Rajasthan High Court has taken a strict view against the practice of police clicking photographs of arrested persons and circulating them in the media or on social media platforms. Calling such actions unconstitutional and a serious violation of human dignity, the Court warned that police officials indulging in this practice may have to face serious consequences.

Rajasthan High Court

Taking suo motu cognisance of the issue, a single bench of Justice Farjand Ali observed that projecting an arrested person as a criminal before conviction amounts to a direct violation of Article 21 of the Constitution, which guarantees the right to life, dignity and personal liberty.

The Court expressed strong concern over instances where arrested persons are made to sit outside police stations, photographed in humiliating positions and their images widely circulated through newspapers, digital portals and social media. It noted that an accused remains innocent until proven guilty by a competent court and any public shaming prior to conviction is against constitutional morality and the rule of law.

In its interim directions, the High Court ordered that all photographs and related content of arrested persons uploaded by police on social media platforms, websites or any other public forums must be removed immediately. The Court also issued notices to the State Government, seeking its response on the matter.

The bench further took serious note of a recent incident involving a senior advocate, who was allegedly made to sit at a police station and whose photograph was circulated publicly after arrest. In this case, the Court directed the Police Commissioner, Jodhpur, to ensure that all such photographs are removed within 24 hours and to submit a compliance report.

In another related matter from Jaisalmer, the High Court directed the Superintendent of Police to file a sworn affidavit responding to allegations that photographs of arrested individuals, including women, were taken and circulated in an objectionable manner. The Court described forcing accused persons to sit on the floor, partially undressed, or in degrading conditions for photography as inhuman, humiliating and a grave assault on basic human rights.

The Court underlined that the damage caused by such acts is often irreversible. Even if an accused is later acquitted, the social stigma attached due to public circulation of arrest photographs can permanently harm reputation, dignity and social standing, particularly in the case of women.

Emphasising the constitutional principle that arrest does not strip a person of their fundamental rights, the High Court made it clear that law enforcement agencies cannot assume the role of judge and executioner. The matter has been listed for further hearing later this month, with the Court appointing a senior advocate as amicus curiae to assist in framing comprehensive guidelines.

The ruling is expected to have far-reaching implications for policing practices in RAJASTHAN and serves as a strong reminder that enforcement of law must remain firmly within constitutional limits.