It should be possible for you to file a civil suit for mandatory injunction to remove CCTV cameras as they affect your right to privacy. You may also file an application seeking interim relief on the ground of privacy, along with the civil suit. But, please remember that you will have to give sufficient evidence of violation of your privacy by the neighbour. Also remember that your neighbour may have his own right to install CCTV cameras in his own house, some of which may be incidentally covering some areas of yours as well. So, you may have to prove that the cameras are installed to keep watch over you and not for the genuine reasons of his (i.e., your neighbour’s) own safety or purposes. Depending on facts of the case, you may get favourable order in such suit.
Also note that in a similar question asked earlier by you (Installation of CCTV cameras by my neighbour violating my fundamental right), I had mentioned that the only offence which can perhaps be considered in the fact situation of your case is “public nuisance” under Section 268 of IPC which is punishable under Section 290 IPC. Another option is making an application to the executive magistrate under Section 133 of the Cr.P.C. for getting order of removal of nuisance. But, both these provisions talk of nuisance of “public” character, and it will have to be seen from the facts of your case whether they apply to a private building. So, you may consider those aspects also.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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