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GoPro in India - Illegal ? Crime ? Jail ?

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  • #31
    Re: GoPro in India - Illegal ? Crime ? Jail ?

    What do you suggest to be done[taken up] to prevent another mishap like 26 Nov 2008. It's not easy to smell out a radical/extremist who's scouting for potential locations.

    Agreed, it's foolish to lay suspicion on bikers with a mounted-cam. Coz, only a foolish extremist would scout that way. Isn't it foolish too to curb your suspicion in such situations, esp when you can be held responsible/accounted for later events?

    When we forget about such events during our day-to-day work, they become part of everyday check-list for policing.

    On the sidelines : Prejudice [first impression]

    Well, it takes time for prejudice to subside only to linger in subconscious. It's in every person despite their age/experience.

    Few days back I took my ~4 yr old nephew for an haircut. He was adamant about getting it done from a younger hairdresser saying 'old uncle was not a good hairdresser'('Uncle cutting ಚೆನ್ನಾಗಿ ಮಾಡಲ್ಲ'). He even waited for ~10 minutes for the younger fellow to free up from the job at hand. Btw, that's an hour in adults' time-scale.
    Last edited by SparKot; 11-18-2014, 02:59 PM.
    There is no honest path to prosperity - KoKa
    Useful Resources Over Internet

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    • #32
      Re: GoPro in India - Illegal ? Crime ? Jail ?

      If it was illegal, you would have been arrested and they wouldn't have argued with you. I don't think there is any rule which is against GoPro.

      However, in such situations, it's best not to loose your cool and argue with them. Try to talk your way out.

      Comment


      • #33
        Re: GoPro in India - Illegal ? Crime ? Jail ?

        Originally posted by abhimanyu31 View Post
        Show me the law that says that I cannot have a camera on my vehicle or on my person. Under which law does the police get its power to say and make having these cameras on my vehicle or person illegal? The police does not get its power through arbitrariness, there has to be a law passed by the legislative arm for it to have the power to make the said matter illegal. As long as there is no law explicitly prohibiting such practices, the police have no business telling me what to do or not do.
        Rather they should contact you for clues in case of a robbery / accident when you were around.

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        • #34
          Re: GoPro in India - Illegal ? Crime ? Jail ?

          If I were a constable and wanted to find a reason to fine a biker with camera on his helmet- I could just say that the camera on his helmet makes the helmet unsafe in case of an accident and any such modification of helmet for entertainment or any other purposes is not right. I will then go on a write a challan for him for unsafe riding.

          Can you point out any flaws here which you can prove that my conclusion is invalid?

          So, what I am saying is that not everything has to be in rule book for you to be prosecuted, it can be an interpretation of a circumstance which you may disagree with.

          ----consecutive posts auto-merged-----

          If I were a constable and wanted to find a reason to fine a biker with camera on his helmet- I could just say that the camera on his helmet makes the helmet unsafe in case of an accident and any such modification of helmet for entertainment or any other purposes is not right. I will then go on a write a challan for him for unsafe riding.

          Can you point out any flaws here which you can prove that my conclusion is invalid?

          So, what I am saying is that not everything has to be in rule book for you to be prosecuted, it can be an interpretation of a circumstance which you may disagree with.

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          • #35
            Re: GoPro in India - Illegal ? Crime ? Jail ?

            Originally posted by sparky View Post
            If I were a constable and wanted to find a reason to fine a biker with camera on his helmet- I could just say that the camera on his helmet makes the helmet unsafe in case of an accident and any such modification of helmet for entertainment or any other purposes is not right. I will then go on a write a challan for him for unsafe riding.

            Can you point out any flaws here which you can prove that my conclusion is invalid?

            So, what I am saying is that not everything has to be in rule book for you to be prosecuted, it can be an interpretation of a circumstance which you may disagree with.
            By no means this is modification to helmet. He is just setting up a cam on his helmet to record memories of his ride.

            How can mounting a cam make the helmet unsafe

            Unsafe riding is categorised as, high speed riding, performing stunts, rash riding, lane breaking, riding without proper illumination of tail-light & headlight and many other things.

            Also, FYI, to charge somebody under a law, that law has to be passed by the authorities, only then the person can be found guilty under it. If the law starts making its own theories, tomorrow any random police guy will come and pick you saying you have done this, irrespective whether that law really exists or not.

            A policeman has got all right to stop anybody of they find anything suspicious, but when they know that the person isn't guilty and isn't doing anything wrong, they simply let go or make statements that make our blood boil.

            Cheerz
            The real beauty lies in throttle's twist!!

            Headlight can be replaced, Head cannot be. Wear a helmet.

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            • #36
              Re: GoPro in India - Illegal ? Crime ? Jail ?

              making your point with a cop isn't really all that difficult actually. it's all about how you go about it.

              don't be cocky. don't be overly aggressive. don't be rude.
              but at the same time... don't be submissive.

              if you know you're wrong... keep your mouth shut and accept the fine.

              but, if you know you haven't done wrong... stand your ground.
              don't say you're late to be somewhere. don't say you're new in that particular part of the city.
              a cop is very likely to let you go if you have proper logic about your situation.

              and besides... they don't have all the time in the world to talk to you.

              i've ridden a lot of superbikes around most metros in india...
              and ridden with my indian driving license in other parts of the world too.
              i've been riding for 13 years and have never paid a fine.

              i have to admit... i've only been unjustly pulled over in India tho.
              most cops here are weasels. and once u learn to handle one of em you can handle all of em

              as far as using a helmet mounted goPro... it's not illegal.
              and a cop who tells you that is is lying to you.


              as a full-time professional photographer i can assure you that you can take pictures/shoot video of anything when you're in a public space.
              not talking about people here. but of a scene in general.

              also... you are allowed to take pictures/shoot video of cops while their on duty. even if they ask you not to.
              (ofcourse you need to use proper judgement to ensure you don't make things worse for yourself.)

              Originally posted by sparky View Post
              If I were a constable and wanted to find a reason to fine a biker with camera on his helmet- I could just say that the camera on his helmet makes the helmet unsafe in case of an accident and any such modification of helmet for entertainment or any other purposes is not right. I will then go on a write a challan for him for unsafe riding.

              Can you point out any flaws here which you can prove that my conclusion is invalid?
              sorry bud. but everything you just said is invalid. meaning, a cop can't simply deem what's safe or not.

              and keep in mind... constable's are essentially peons, (to put it really bluntly) they aren't lawmakers.

              they only get to enforce a law that's already been passed. not decide what's right and wrong.

              a lot of cops in this country/city need to be reminded that they're public servants... they can't boss citizens around once they pull them over.
              Last edited by xionite; 11-18-2014, 02:47 PM.
              .
              sigpic

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              • #37
                Re: GoPro in India - Illegal ? Crime ? Jail ?

                Originally posted by xionite View Post
                making your point with a cop isn't really all that difficult actually. it's all about how you go about it.

                don't be cocky. don't be overly aggressive. don't be rude.
                but at the same time... don't be submissive.

                if you know you're wrong... keep your mouth shut and accept the fine.

                but, if you know you haven't done wrong... stand your ground.
                don't say you're late to be somewhere. don't say you're new in that particular part of the city.
                a cop is very likely to let you go if you have proper logic about your situation.

                and besides... they don't have all the time in the world to talk to you.

                i've ridden a lot of superbikes around most metros in india...
                and ridden with my indian driving license in other parts of the world too.
                i've been riding for 13 years and have never paid a fine.

                i have to admit... i've only been unjustly pulled over in India tho.
                most cops here are weasels. and once u learn to handle one of em you can handle all of em

                as far as using a helmet mounted goPro... it's not illegal.
                and a cop who tells you that is is lying to you.


                as a full-time professional photographer i can assure you that you can take pictures/shoot video of anything when you're in a public space.
                not talking about people here. but of a scene in general.

                also... you are allowed to take pictures/shoot video of cops while their on duty. even if they ask you not to.
                (ofcourse you need to use proper judgement to ensure you don't make things worse for yourself.)

                Actually since 26/11 taking pictures of public places or filming in public places for any reason will attract attention. However it is not illegal unless there is explicit instruction not to do so posted at the site and you cannot be charged if you're making a video of yourself. But if you're filming or taking pictures of sites and people you can be charged in certain circumstances.
                None of this applies to go pro however as it is filming while on the move with no risks involved and as such no permission or licenses are required for it.

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                • #38
                  Re: GoPro in India - Illegal ? Crime ? Jail ?

                  Why don't you post it in youtube or facebook next time with their faces and title it as "HARRASMENT TO BIKERS IN MUMBAI"
                  4 wheels move your body, 2 wheels move your soul .

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                  • #39
                    Re: GoPro in India - Illegal ? Crime ? Jail ?

                    Originally posted by Balgi View Post
                    Actually since 26/11 taking pictures of public places or filming in public places for any reason will attract attention. However it is not illegal unless there is explicit instruction not to do so posted at the site and you cannot be charged if you're making a video of yourself. But if you're filming or taking pictures of sites and people you can be charged in certain circumstances.
                    None of this applies to go pro however as it is filming while on the move with no risks involved and as such no permission or licenses are required for it.
                    Under what section of the law can I be charged for filming and taking puctures of sites and people on a public road? Can you please quote from the ACT & SECTIONS that is relevant here. Quote from the bare act will be much more desirable please.
                    Only a biker knows why a dog sticks his head out of a car window.

                    Multum in Parvo - Much in Little

                    "Yes, it is FAST! No, you CAN'T ride it!" - http://www.xbhp.com/talkies/general-...a-300-san.html

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                    • #40
                      Re: GoPro in India - Illegal ? Crime ? Jail ?

                      Originally posted by abhimanyu31 View Post
                      Under what section of the law can I be charged for filming and taking puctures of sites and people on a public road? Can you please quote from the ACT & SECTIONS that is relevant here. Quote from the bare act will be much more desirable please.

                      I am not a lawyer so I can't quote exact laws here but, I found that all the laws are explained in detail in one place which is an article called "worldwide photography laws" by dugnz. Also another article about the same is present with details of permissions needed and do's and don'ts on Sujit Shetty blog (here's the link
                      http://blog.sujitshetty.com/2009/04/...india.html?m=1) .
                      Other than that all post 26/11 laws were not proper laws but ATC restrictions (anti terrorism cell) and thus fall under POTA, therefore there are no articles or even info present about it online.
                      However, reading all available data online, I have found that ATC is following American rules for public photography so any relevant articles will give you the info you need.
                      My own info was given to me by what I consider to be a reliable source. It was my best friend's cousin who I a member of the special forces and currently deputised to the ATC.
                      Hope this helps.

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                      • #41
                        Re: GoPro in India - Illegal ? Crime ? Jail ?

                        Originally posted by Balgi View Post
                        Actually since 26/11 taking pictures of public places or filming in public places for any reason will attract attention. However it is not illegal unless there is explicit instruction not to do so posted at the site and you cannot be charged if you're making a video of yourself.
                        Sorry. It's still not illegal to take pictures of a public space from a public space. whether there is a message or not.

                        a public space is a public space. and you cannot be prosecuted by the letter of the law if you take pictures in a public space.

                        you can take pictures of ANYONE is that same public space. it's fair game.

                        model releases come into effect only when the images/footage is going to be used for commercial purposes.

                        in all of this... there is the notion of common sense which needs to applied. obviously.

                        (*photography... as in without a tripod, flash/lights and reflectors etc.)
                        .
                        sigpic

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                        • #42
                          Re: GoPro in India - Illegal ? Crime ? Jail ?

                          Originally posted by xionite View Post
                          Sorry. It's still not illegal to take pictures of a public space from a public space. whether there is a message or not.

                          a public space is a public space. and you cannot be prosecuted by the letter of the law if you take pictures in a public space.

                          you can take pictures of ANYONE is that same public space. it's fair game.

                          model releases come into effect only when the images/footage is going to be used for commercial purposes.

                          in all of this... there is the notion of common sense which needs to applied. obviously.

                          (*photography... as in without a tripod, flash/lights and reflectors etc.)


                          Its not illegal and I never said it is. But then taking pictures where explicit instructions are posted not to do so will incur a fine or even jail time depending on the cops. Its not my assumption its my observation. Clicking pictures in tourist sites is allowed, was allowed and will remain allowed but same doesn't apply to places in the city that are not classified as tourist places. As I said before, these are not actual laws but ATC restrictions post 26/11. It all depends on what the exact classification of a public place is.

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                          • #43
                            Re: GoPro in India - Illegal ? Crime ? Jail ?

                            Originally posted by Balgi View Post
                            I am not a lawyer so I can't quote exact laws here but, I found that all the laws are explained in detail in one place which is an article called "worldwide photography laws" by dugnz. Also another article about the same is present with details of permissions needed and do's and don'ts on Sujit Shetty blog (here's the link
                            http://blog.sujitshetty.com/2009/04/...india.html?m=1) .
                            Other than that all post 26/11 laws were not proper laws but ATC restrictions (anti terrorism cell) and thus fall under POTA, therefore there are no articles or even info present about it online.
                            However, reading all available data online, I have found that ATC is following American rules for public photography so any relevant articles will give you the info you need.
                            My own info was given to me by what I consider to be a reliable source. It was my best friend's cousin who I a member of the special forces and currently deputised to the ATC.
                            Hope this helps.
                            As far as I know, POTA was repealed in 2004 so your info isn't correct, unless it's been secretly brought back which it hadn't.

                            While you can be arrested for clicking photos of a restricted area under the official secrets act, that only applies to areas specifically marked prohibited areas. It doesn't apply to regular public roads where any member of the public is free to shoot images or video, provided it doesn't impede the free movement of others.

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                            • #44
                              Re: GoPro in India - Illegal ? Crime ? Jail ?

                              Originally posted by Balgi View Post
                              filming in public places for any reason will attract attention. However it is not illegal unless there is explicit instruction...
                              Originally posted by Balgi View Post
                              Its not illegal and I never said it is.
                              but you did say it was illegal.


                              either way... you cannot be legally prosecuted if you're riding on public roads and have a GoPro mounted on your helmet.

                              and... if a cop deletes the content of your memory card... well then, let's just say that legally, that cop is in much bigger trouble than the wearer of the GoPro.
                              .
                              sigpic

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                              • #45
                                Re: GoPro in India - Illegal ? Crime ? Jail ?

                                Originally posted by djpeesh View Post
                                As far as I know, POTA was repealed in 2004 so your info isn't correct, unless it's been secretly brought back which it hadn't.

                                While you can be arrested for clicking photos of a restricted area under the official secrets act, that only applies to areas specifically marked prohibited areas. It doesn't apply to regular public roads where any member of the public is free to shoot images or video, provided it doesn't impede the free movement of others.

                                Well............. Could be. I mean as I said in my post I'm not a lawyer so I'm not up to date on the law.
                                POTA was repealed as you said (I checked after reading your post) but the apparently temperary laws and rules they made for god knows what reason still hold water. I think it might be because cops don't like media attention. Whatever the case maybe, I attached a couple of articles into my post which give actual standing laws on public photography in India

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