In recent years, dashcams—compact video recording devices installed in vehicles—have become increasingly popular in India. They serve multiple purposes, including recording accidents, monitoring driver behaviour, providing evidence for insurance claims, and even documenting interactions with law enforcement. However, the legality of dashcams in India often raises questions, particularly regarding privacy rights, admissibility in court, and compliance with Indian laws.
What is a Dashcam?
A dashcam, short for dashboard camera, is a digital video recorder mounted inside a vehicle to continuously capture footage of the road and surroundings. Depending on the model, it may also record the vehicle’s interior, GPS coordinates, speed, and audio. Some advanced models include night vision, parking surveillance, and automatic incident detection.
Legal Status of Dashcams in India
No Statutory Ban
As of now, there is no specific legislation in India that prohibits the use of dashcams in private or commercial vehicles. The Motor Vehicles Act, 1988 and the Central Motor Vehicles Rules, 1989 do not contain any provision that directly restricts or regulates the use of video recording equipment inside vehicles.
Thus, installing and using a dashcam is legally permissible provided it does not violate other applicable laws—particularly those relating to privacy, obstruction of view, and audio surveillance.
Obstruction to the Driver’s View
Section 125 of the Motor Vehicles Act, 1988 prohibits placing anything in a position that hampers the driver’s control of the vehicle. While the provision does not specifically mention dashcams, improper installation—such as placing the device in the driver’s direct line of sight—could potentially violate this section.
To remain compliant, dashcams should be mounted in a way that does not obstruct visibility or interfere with vehicle controls, typically behind the rear-view mirror. Proper installation ensures that the use of dashcams remains within the legal framework of Section 125.
Dashcam Footage as Legal Evidence
Admissibility Under the Bharatiya Sakshya Adhiniyam, 2023
Section 63 of the Bharatiya Sakshya Adhiniyam, 2023 deals with the admissibility of electronic records. Dashcam footage, being a form of electronic evidence, is admissible in courts if it fulfills certain conditions, such as:
Key Conditions for Admissibility:
- Regular Use: The device must have been used regularly to process or store such information.
- Ordinary Course: Information must have been fed into the system during routine activities.
- Proper Functioning: The device must have been functioning properly during that period.
- Authenticity: The electronic record must reflect the original data accurately.
Certificate Requirement:
A certificate must accompany the electronic record, identifying the record, the process used to create it, details of the device, and affirming the fulfillment of the above conditions.
It must be signed by the person in charge and, where needed, an expert.
Indian courts have increasingly accepted electronic evidence such as dashcam and CCTV recordings as secondary evidence, provided the requirements of Section 63 BSA, 2023 (earlier Section 65B of the Indian Evidence Act, 1872) are duly complied with. The presence of a valid certificate is often crucial to admissibility.
Role in Insurance and Police Investigations
Insurance Claims
Insurance companies in India are slowly recognising the value of dashcam footage in substantiating accident claims. A clear video showing how an accident occurred can help determine liability, speed up the claims process, and avoid fraudulent claims.
However, insurers generally assess footage on a case-by-case basis and are not yet obligated by law to accept dashcam evidence.
Police Reports and FIRs
Police officers may consider dashcam footage as supplementary material while preparing a First Information Report (FIR) or during an investigation. Although not conclusive, the footage can corroborate eyewitness statements or provide visual evidence when witnesses are unavailable.
Privacy Concerns and Legal Cautions
While the law does not prohibit dashcams, their usage must adhere to privacy norms under Indian law, including:
Public v. Private Spaces
Filming in public places, such as roads, is generally acceptable because individuals in such areas have a lower expectation of privacy. Recording events visible from a public road is unlikely to breach any legal boundaries.
However, recording inside private property (e.g., gated communities, private driveways, or restricted areas) without permission may attract legal consequences under the law of torts or the Information Technology Act, 2000, which protects against unauthorised use of personal data.
Audio Recording
Dashcams with microphones raise additional concerns. Recording conversations without the knowledge or consent of the parties may violate:
- Section 66E of the Information Technology Act, 2000: This section prohibits capturing, publishing, or transmitting images of private areas without consent.
- Article 21 of the Constitution of India: This fundamental right includes the right to privacy as established in Justice K.S. Puttaswamy v. Union of India (2017), which could be invoked in cases of unauthorised audio or video surveillance.
Uploading or Sharing Dashcam Videos
Posting dashcam footage on social media platforms or messaging groups without obscuring identifiable features like faces or vehicle number plates could lead to defamation or violation of privacy claims, especially if it shows individuals in a negative light.
Creators must be cautious and ideally blur personal details before public dissemination.
Global Position on Dashcams: A Comparative Study
| Country | Legal Status of Dashcams | Notable Restrictions |
|---|---|---|
| United States | Generally legal; some states restrict audio | Consent needed for audio in certain states |
| United Kingdom | Legal but must comply with GDPR | Must blur faces/plates in shared videos |
| Germany | Legal but heavily regulated | Continuous recording often violates privacy |
| Russia | Widely used and accepted as evidence | Mandatory in some commercial vehicles |
| South Korea | Dashcams are highly popular | Used to promote driver safety and discipline |
| India | Legal, but not formally regulated | Subject to privacy, evidence, and installation norms |
India currently operates in a legal grey area—dashcams are allowed, but not actively regulated. Given rising usage and technological adoption, a formal regulatory framework may emerge soon.
Should Dashcams Be Made Mandatory in India?
There is a growing debate on whether dashcams should be mandated in certain categories of vehicles, especially:
- Public Transport (buses, taxis, autos)
- School Buses and Ambulances
- Commercial Freight Carriers
- Police Patrol Cars
Mandatory dashcams in these categories could enhance public safety, ensure accountability, and assist in criminal investigations. However, privacy safeguards and proper handling of footage must be integral to any such policy.
Choosing the Right Dashcam: Key Features to Consider
For Indian conditions—heat, dust, congestion, and frequent power cuts—these features are essential:
- Resolution: Minimum 1080p Full HD for clarity
- Field of View: Wide-angle lens (140° or more)
- Night Vision: Infrared or low-light sensors
- Power Backup: Supercapacitor over lithium batteries
- Loop Recording: Overwrites oldest footage when storage fills up
- G-Sensor: Automatically saves clips during sudden impact
- GPS Tracking: Logs location and speed
- Audio Control: Option to disable audio recording for privacy
Brands like DDPAI, VIOFO, 70mai, and Transcend are popular in the Indian market.
Best Practices for Responsible Dashcam Use
- Install Properly: Behind the rearview mirror or on the windshield side to avoid distraction.
- Avoid Audio Recording: Disable unless you have consent.
- Use Encryption: Secure files to prevent tampering or unauthorised sharing.
- Don’t Obstruct Driver’s View: Maintain compliance with road safety laws.
- Follow Privacy Guidelines: Especially when uploading or sharing content publicly.
- Store Backup Safely: Use microSD cards with cloud or external storage to preserve critical footage.
Government and Policy Recommendations
To ensure safe and effective use of dashcams, the government could:
- Issue official guidelines for installation and use
- Mandate dashcams in high-risk or public vehicles
- Set standards for video quality, retention, and encryption
- Define penalties for misuse or unauthorised recording
- Create redressal mechanisms for privacy complaints
The Ministry of Road Transport and Highways (MoRTH) can consider incorporating dashcam usage under traffic safety norms, in conjunction with the Information Technology Act and privacy guidelines post-Puttaswamy.
Conclusion
Dashcams are legal in India and rapidly gaining ground as essential vehicle accessories for personal safety, legal evidence, and insurance claims. However, users must be cautious of privacy concerns, ensure a compliant installation, and use the device responsibly.
As legal norms evolve and road safety takes centre stage in policy discussions, dashcams could soon shift from optional gadgets to standard safety equipment, particularly in commercial and public transport sectors.
Until then, their legality remains clear, but their usage must be tempered with responsibility, consent, and awareness of evolving privacy rights.
References
- Information Technology Act, 2000
- Bharatiya Sakshya Adhiniyam, 2023
- Dashcam Laws Around the World: What You Need to Know Before You Record, Available Here
- National Safety Weeks 2024: How Dashcams can help reduce hit-and-run accidents, Available Here
- Safety First: Why Dashcams are becoming a Must Have for Indian Drivers, Available Here