Legal Provisions in India against sharing the Obscene

Content Online
The number of people accessing the internet has grown by leaps and bounds in India.
In fact, India has the second highest range of internet users within the world1 .
However, with the increase in the penetration of internet, there
has conjointly been frightening increase in cyber-crime in India.
The whole world in Cyberspace is a place under one rooftop. The thoughts,
considerations, articulations, views, culture, conference and traditions spill out of 1
nook to the next nook of the globe at a single click.
Pornography is one such sector of substantial clash. It has been from the very
initiation a debate trouble. This issue became extensively extra under debate after a
reported case of cyber-crime as according to section 67.
Obscenity is highly delicate issue anywhere throughout the globe but there may be no
settled which means of the word “Obscenity” below any regulation.
Despite the reality that the Indian Constitution guarantees the liberty to expression
and freedom of speech, it's been held that a regulation against obscenity is
constitutional. The Supreme Court of India has characterised obscene as “repulsive,
offensive to modesty filthy, decency or lewd “. One precise obscene material is
probably unlawful in India but now no longer in different nations.
Examination Of Law:
Predominant statutes which might be relevant right here are sections 66E, 67, 67A
and 67B of the IT Act, and sections 354D, 465, 471, 499, 500 and 509 of the Indian
Penal Code. In addition, sections 14 and 15 of the Protection of Children from Sexual
Offences (POCSO) Act, 2012, also are relevant.
Obscenity is an offense under the Indian Penal Code, 1860. Section 292 of the Indian
Penal Code, 1860 thoroughly sets out the situations in which “obscenity” is an
offense. Section 292(1) of the Indian Penal Code, 1860 laid out that any hobby i.e.
A. Deal, enlist, conveyance, open presentation or course, makes, produces or, on the
other hand has the possession of any obscene book, leaflet, paper, drawing, painting,
portrayal, or, on the other hand parent or a few different obscene protest in any
respect.
B. Import, ship out or pass on any obscene protest for any of the motives exact
aforementioned, or understanding or having motivation to trust that such obscene
protest can be sold, allow to procure, disseminated or freely confirmed or in any
manner out into flow,
C. Partaking in or getting blessings from any enterprise at some point of which this
sort of obscene articles are, for any of the motives formerly mentioned, made, created,
bought, kept, imported, traded, surpassed on, brazenly confirmed or in any manner
placed into flow,
D. Promotes or makes regarded by any techniques in any respect that any man or
woman is drawn in or is ready to participate in any act or that this sort of obscene
protest may be secured from or, however via any individual
E. Offer or enterprise to do any act, are the offense under section 292 of the Indian
Penal Code, 1860.

The Information Technology (IT) Act, 2000

 Section 66E – Punishment for violation of privacy

 Section 67 - Punishment for publishing or transmitting obscene material in

electronic form

 Section 67A - Punishment for publishing or transmitting of material containing

sexually explicit act, etc., in electronic form

 Section 67B - Punishment for publishing or transmitting of material depicting

children in sexually explicit act, etc., in electronic form.

Protection of Children from Sexual Offences (POCSO) Act, 2012

 Section 14 and 15 – Child pornography

 Section 354D – Stalking
 Section 463, 465 and 471 – Forgery
 Section 509 – Word, gesture or act intended to insult the modesty of a woman
 Section 499 and 500 – Defamation

Indecent Representation of Women (Prohibition) Act, 1986

Punishments for Publishing the Obscene Information Online:

Under section 469, 509 Indian Penal code, 1860 and section 67 of
Information Technology, Act 2000. Accused is indicted and condemned for
the offense as takes after:

 According to 469 of Indian Penal code, 1860 he needs to undergo

detainment for 2 years and to pay fine of Rs.500/–
 According to 509 of Indian Penal code, 1860 he is to undergo 1 year
Simple detainment and to pay Rs 500/–
 According to Section 67 of Information Technology, Act 2000, he
needs to undergo detainment for 2 years and to pay fine of Rs.4000/-

All sentences were to run simultaneously.