Crime is always committed by a person having guilty intention or mens rea, so if any crime is committed, definitely punishment exists depending upon the nature of the crime committed by the person. So, sting operations are basically delineated to seize the person committed the crime. The main aim of sting operations in India is to hold the amoral and spy and accomplish the ones committing illegal activities. Legal experts usually refer to sting operations as Entrapment or Inducement. Sting operations are usually intended to make the government more accountable and citizens should retain the information about the country. As India is an egalitarian society people must be aware of scenes operating in the country, though not specifically mentioned in any Law of the country. So, this article delves into deep analysis of sting operations in India along with various operations which were carried in India.

Introduction
Journalism is also broached as a voice of reserved ones. It escorts everything into the knowledge of the individuals as our country is a democratic country and every human must be aware of the details. As mentioned under the Constitution of India the information via media is given in Article 19(1)(a)1. In the case of the State of Uttar Pradesh v. Raj Narain2 It was held by the Supreme court that Article 19(1)(a) guarantees the right to receive information on matters concerning public interest. So, the press is playing a crucial role in public welfare in concern they need to act authoritatively. Back in the Aeon Ratan Tata before the apex court filed a writ petition before the court claiming the unauthorized publication for his private talk with Nira Radia contravening his right to privacy.

What Is Sting Operation?

A sting operation is an illusory operation designed to convict a person committing a crime. Often referred to as Investigative Journalism, the information is kept intimate and away from the public. Sting operations are usually done to seize the unscrupulous or corrupt who are involved in illegal or anti national offences or if any individual is entangled against the Public Policy. Sting Operations carried in India are done against those who are acting against the Public Policy to maintain peace in the society.

They are done to improve accountability in the government. As we know that any democratic country needs accountability to function, and nothing should be left uncommunicated to the citizens. Media here plays a vital role in informing citizens about the information or the policies. Media often refer to Sting Operations as Expose. In spite of the fact that no specific laws in India pertaining to Sting Operations are alive, it is illuminated under Article 19(1)(a) of the Indian Constitution.

Types Of Sting Operations

Sting operations is classified into different pigeonhole, they are

• Positive Sting Operations3 : -These types of operations are based on public issues for the purpose of public and are evaluated as predominant for the public domain. Generally coupled with activities of the Government.
• Negative Sting Operations4 : - They are not designated for Public, generally encroached on by individuals who are grasped on camera for doing any illegal activity which is harmful for the individuals living in the society.

Legality Of Sting Operations In India

As already broached, the Sting operation does not carry any particular law in the country but are prescribed under Article 19(1)(a). Though it has been disintegrated that sting operations violate Article 21 of the Indian constitution as they violate public orders and policy which in order is threaten to the decorum of the nation.

Various cases have existed in the country which has decides the legality of sting operations in the country like LIVE INDIA5 where it was putative that the teacher at the school was extorting a girl child for prostitution, the allegations on the teacher resulted in huge violence in the country and bodily injury to the teacher. However, it was held by the investigation that the allegations were flawed, and the teacher was falsely alleged of being part of the act. So, the court held that matters like these are important to spread information to the public, but such entanglement should not be entertained further.

Linkage Between Right To Privacy And Sting Operation

As every individual in India has the Right to Privacy prescribed under Article 21 of the Indian Constitution. A Sting Operation is carried out to snatch the criminal, so the doubt here is whether the media should act as an agency to police force, whereas the victory of sting operation solely depends upon the media or the press and it is their absolute duty to preserve the privacy of the individual. In the case of Kharak Singh v. State of Uttar Pradesh6 The Supreme Court claims that although the "Right to Privacy" is not specifically listed as a fundamental right in our Constitution, it is a part of individual liberties. This case leads to a lot of campaigns in the country to identify Right to Privacy As fundamental right.

Is It Possible To Take Action Against Sting Operation?

Yes, it is possible to take actions against Sting Operations in India.

• If a sting operation violates Article 21 of the Indian Constitution, action can be taken against it.
• Violation of Article 19(2) of the Indian Constitution, which includes the right to privacy.
• If any act is done against public order, policy, decency, or morality.
• A tort claim for damages may be filed for unauthorized invasion.
• For the reduction of offenses under Article 12 of the Prevention of Corruption Act.

Democracy results in Right to Privacy on one side and providing information to the citizens on the another. Privacy may get violated if information is made public to the citizens, so for reserving the privacy of the individuals it is necessary that proper laws should be made and guidelines should be set up for administering the Sting Operations in India.

Conclusion
So, Sting Operations in India does not have specific laws. Media plays an important role in informing citizens about the information which in turn leads to breach of Privacy incorporated under Article 19(1)(a). Conflicts still exist regarding sting operations in India as sometimes they violate public laws and policies and particularly about legality of the Sting Operations in India.

The Union Information and Broadcast Ministry must introduce a separate phrase emphasizing the distinction between sting operations that are legitimate and those that violate others' privacy in order to resolve this issue in the legality of sting operations. The Supreme Court has ruled that, regardless of whether the information released is accurate or not, publishing anything pertaining to an individual's private without that person's consent would violate that person's right to privacy under Article 21. So, proper rules and regulations should be framed by the Indian Government and legality of Sting Operations should be decided.

End Notes:

1. Constitution of India, Article 19: Protection of Certain Rights Regarding Freedom of Speech, Etc. - Constitution of India (Constitution of India, June 2, 2023)
2. Ram O, State of UP vs. Raj Narain Case Summary 1975 SC - Law Planet - Legal News, Law Updates & Law Exams (Law Planet - Legal News, Law Updates & Law Exams Preparation, March 22, 2024)
3. Types of Sting Operations (2023) accessed February 7, 2023
4. Types of Sting Operations (2023) accessed February 7, 2023
5. Types of Sting Operations (2023) accessed February 7, 2023
6. Columbia Global Freedom of Expression, Kharak Singh v. State of Uttar Pradesh - Global Freedom of Expression (Global Freedom of Expression, November 4, 2023)

Written By: Deepali, BALLB (3rd year) UILS, Panjab University

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• Sting Operation: To be or not to be in India