The Indian I.T. Act, Section 67-A

THE LAW ON PORNOGRAPHY IN INDIA

Pornography and Obscenity

The term ‘pornography’ when used in relation to an offence is not defined in any statutes in India but the term ‘obscenity’ has been effectively explained in two statutes in India, and these legislations prescribe that ‘obscenity’ in certain circumstances constitutes an offence. These legislations are (i) The Indian Penal Code, 1860 (‘IPC’) and (ii) The Information Technology Act, 2000 (‘IT Act’).

Although neither the IPC nor the IT Act defines what ‘obscenity’ is, section 292 of the IPC and section 67 of the IT Act, (which corresponds to section 292 of the IPC) explain ‘obscenity’ to mean anything which is lascivious or appeals to the prurient interest or if its effect is to deprave and corrupt persons. Therefore according to the law in India, anything that is lascivious or appeals to the prurient interest or if its effect is to deprave and corrupt persons would be considered to be ‘obscene’.

Obscenity as an offence under the Indian Penal Code.

Section 292 of the IPC comprehensively sets out the circumstances in which ‘obscenity’ and / or any ‘obscene’ material is an offence.

According to section 292, (i) whoever sells, lets to hire, distributes, publicly exhibits or in any manner puts into circulation, or for purposes of sale, hire, distribution, public exhibition or circulation, makes, produces or has in his possession any obscene book, pamphlet, paper, drawing, painting, representation, or figure or any other obscene object whatsoever or (ii) imports, exports or conveys any obscene object for any of the purposes mentioned in (i) above, or knowing or having reason to believe that such obscene object will be sole, let to hire, distributed or publicly exhibited or in any manner out into circulation, or (iii) takes part in or receives profits from any business in the course of which he knows or has reason to believe that any such obscene objects are, for any of the purposes mentioned in (i) above, made, produced, purchased, kept, imported, exported, conveyed, publicly exhibited or in any manner put into circulation, or (iv) advertises or makes known by any means whatsoever that any person is engaged or is ready to engage in any act which is an offence under section 292 or that any such obscene object can be procured from or through any person or (v) offers or attempts to do any act which is an offence under section 292, is punishable with imprisonment and fine. Therefore, obscenity is an offence if it falls within any of the above prescribed purposes.

Obscenity – personal viewing – Is it an offence

Section 292 also sets out the purposes under which obscenity is not deemed to be an offence and these are when any such material is used (i) justifiably for the public good for e.g. interest of science, literature, art or learning or other purposes of general concern (ii) for bona-fide religious purposes and (iii) in any ancient monument within the meaning of the Ancient Monuments and Archeological Sites and Remains Act, 1958 or in any temple, or on any car used for the conveyance of idols.

Obscenity under the Information Technology Act

Section 67 of the IT Act lays down the law that obscenity is an offence when it is published or transmitted or caused to be published in any electronic form. The expressions, ‘publishing’ or ‘transmission’ have not been specifically defined under the IT Act, but in Taxmann’s commentary under the IT Act, ‘publishing means making information available to people’. The commentary also states that ‘transmission’ and not mere possession, of obscene information is an offence. Transmission may be addressed to an intended recipient for his personal use. But that is not relevant. The act of ‘transmission’ is sufficient to constitute an offence under section 67 of the IT Act. Therefore if any obscene material is published or transmitted in any electronic form it is an offence under section 67 of the IT Act.

More Women Come Forward

More women have come forward alledging Anandeep Chagger committed acts against the Indian I.T. Act of 2000. The accused was said to have requested nude pictures, sexual chats, and to send sexual sms to women he sought. He also sent videos, pictures, links to pornography sites, and more to women.

We will report more on this issue as we find out more breaking details. We are urging victims to come forward and give the inspectors their stories.

Please contact the SSP of Karputhala at 919815975100


http://www.free-press-release.com/news-follow-up-on-anandeep-chagger-of-phagwara-cyber-crime-1250284634.html

http://www.prlog.org/10310578-follow-up-on-anandeep-chagger-of-phagwara-cyber-crime.html

Phagwara Youth (Anandeep Chagger) is the Talk of England-Cyber Crimes and Long List of Vulgar Acts

Article written in Hindi in the Punjab Kesari

Youth involved in cyber crime as reported in the Punjab Kesari in this undated photo.

"Cyber crimes of India reach out into rural areas as a youth in Phagwara commits acts violating the Indian IT Act of 2000-Section 67. A- as reported in the Punjab Kesari Newspaper on July 30th, 2009.

Please click on links below for the story written in Hindi on the front page of the Punjab Kesari as well as in press releases.
http://www.free-press-release.com/news-phagwara-youth-the-talk-of-england-1249747307.html
http://www.prlog.org/10306329-phagwara-youth-the-talk-of-england.html
Youth in Phagwara is the talk of England. An FIR is launched against this person from Phagwara. The FIR number is 146 and case is now under investigation. The related police stations CT Mr. Amrik Singh Chahal said the complaint was launched with the SSP of Kapurthala district against the accused, Anandeep Singh Chagger son of Narinder Singh Chagger resident of Kamboj, Kheda Masjid Phagwara. The charge against him is that he sent a vulgar video clip to a girl, used very foul language, and used very dirty words in conversation, as well as a dirty song in Punjabi, all to a females via the internet.

The police chief (Mr. Chahal) said the accused boy apparently shot a video of himself engaging in masturbation in his bathroom and sent it to a girl and people he knew in the UK. The report contains a sensational expose of list of vulgar acts. The police have been reported that this has also been notified to the concerned government agencies in UK and they are looking into the matter as well. This is due to Section 67 A.) of the Indian IT Act concerning obscenity and the boy committing some of the acts whilst int he UK and in India. The video clip was allegedly sent from the business computer of Ajanta Electricals, Phagwara Punjab. The SHO CT police said they are investigating the matter and if the charges are found to be true the accused will not be spared. Being in the newspapers isn't uncommon for this family as the late grandfather, Mehar Singh Chagger, was also involved in indecency.

For immediate release, as shown and published in the Punjab Kesari.
indian cyber crime , indian IT Act of 2000 , Anandeep Chagger