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Legal service India => Cyber laws => Topic started by: advbose on July 30, 2013, 04:48:35 AM

Title: Publishing / transmitting obscene material in electronic form
Post by: advbose on July 30, 2013, 04:48:35 AM
Section 67 deals with publishing or transmitting obscene material in electronic form. The earlier Section in ITA was later widened as per ITAA 2008 in which child pornography and retention of records by intermediaries were all included.

Publishing or transmitting obscene material in electronic form is dealt with here. Whoever publishes or transmits any material which is lascivious or appeals to the prurient interest or if its effect is such as to tend to deprave and corrupt persons who are likely to read the matter contained in it, shall be punished with first conviction for a term upto three years and fine of five lakh rupees and in second conviction for a term of five years and fine of ten lakh rupees or both.

This Section is of historical importance since the landmark judgement in what is considered to be the first ever conviction under I.T. Act 2000 in India, was obtained in this Section in the famous case “State of Tamil Nadu vs Suhas Katti” on 5 November 2004. The strength of the Section and the reliability of electronic evidences were proved by the prosecution and conviction was brought about in this case, involving sending obscene message in the name of a married women amounting to cyber stalking, email  spoofing and the criminal activity stated in this Section.

Section 67-A deals with publishing or transmitting of material containing sexually explicit act in electronic form. Contents of Section 67 when combined with the material containing sexually explicit material attract penalty under this Section.