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 ASSIGNMENT Report ON

DIGITAL AND CYBER FORENSIC RELATED LAW

SUBMITTED BY

Mr. KIRAN SHANTARAM THORAT

POST GRADUATION DIPLOMA

(1 YEAR)

UNDER THE Guidance OF

Dr. Shrinag Panchbhai sir

( )

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 Government of Maharashtra, Department of Higher & Technical Education
Institute of Forensic Science, Mumbai,
Maharashtra
DEPARTMENT OF POST GRADUATE DIPLOMA

CERTIFICATE

This is to certify that the project entitled:

“Cyber Pornography and
Obscenity, Identity Theft”
is completed by Mr. KIRAN SHANTARAM THORAT
Under the guidance of
Mr. Shrinag Panchbhai Sir
In partial fulfilment for the Degree of
Post Graduate Diploma
of University of Mumbai

____________________ ____________________

Prof. In Charge Examiner

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 Acknowledgment

In this Endeavor I acknowledge the valuable

contribution and expert guidance of
our internal project guide Mr. Shrinag Panchbhai Sir
of DIGITAL AND CYBER FORENSIC RELATED LAW
Department.
Her frank suggestions and improvements and
innovative ideas have inspired us.
I extend my sincere thanks to all of them who helped
me in getting details of the
processes of “Cyber Pornography and
Obscenity, Identity Theft. I would like to thank you my
classmates and teachers for their help.
Last but not the least, our sincere thanks to the College
who gave us a great
opportunity to grasp the knowledge.

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Table of Contents
Chapter 1: Cyber Crime
What is Cyber Crime?.......................................................8
Define Cyber Crime…………………………………………….….9
Abstract……………………………………………………………….8
Chapter 2: Cyber Pornography
Introduction……………………………………………9
statements of problems………………………….9-10
Objective…………………………………………………10
Research Questions………………………………….……..10
Hypothesis…………………………………………….…………10
Scope Limitation………………………………………………10
Define Cyber Pornography………………………..……11
What is Cyber Pornography?.................................12
Concept of Cyber Pornography………………….……13
Chapter 3: Smart Phones and Cheap Data…………14
Access Banned Websites…………………………………………..…14
Access of Banned Sites via VPN…………………………………….15
Chapter 4: Internet Pornography………………………………18
Before World Wide Web………………………………………………..19
Free vs. Commercial……………………………………………………..19
Peer to Peer…………………………………………………………………19
Web filters and blocking software……………………………………19
Chapter 5: Internet Pornography Format…………….
Images files…………………………………………………………………..20
Video files & Streaming video………………………………………………20
Webcams…………………………………………………………………….20
Other Formats……………………………………………………………….20

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Chapter 6: Obscenity Cyber Pornography……………21
Aggression and Abuse……………………………………………………22
Sexual Addiction…………………………………………………………..22
Less Respect Towards Women………………………………………22
Violence in Married Life…………………………………………………23
Effects on the Mind, Body & Soul…………………………………….23
Chapter 7: Identity Theft………..………………………..23
What is Identity Theft? ..............................................................24
Identity Theft Types ………………………………………………………24
Financial Identity Theft…………………………………………………..25
Identity cloning and concealment…………………………………….26
Medical Identity Theft…………………………………………………….26
Child Identity Theft…………………………………………………………27
Criminal Indentity Theft…………………………………………………27
Chapter 8: JUDICIAL APPROACH TOWARDS ………28
CYBER PORNOGRAPHY CASES….…………………………………..29
CHILD CYBER PORNOGRAPHY……………………………………..30
OFFENSIVE OR ILLEGEAL……………………………………………….31
Bibliography…………………………………………………..33

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 What is Cyber Crime?
Cyber Crime is not an old sort of crime to the world. It is defined as any criminal
activity which takes place on or over the medium of computers or internet or other
technology recognised by the Information Technology Act.
Cyber Crime is the most prevalent crime
playing a devastating role in Modern India. Not only
the criminals are causing enormous losses to the society
and the government but are also able to conceptual
their identity to a great extent. There are number of
illegal activities which are committed over the internet
by technically skilled criminals. Taking a wider
interpretation it can be said that, Cyber Crime includes
any illegal activity where computer or internet is either
a tool or target or both.
The term Cyber Crime may be judicially interpreted in some
judgments passed by courts in India however it is not defined in any act or statute passed
by the Indian Legislature. Cyber Crime is an uncontrollable evil having its base in the
misuse of growing dependence on computers in modern life. Usage of computer and other
allied technology in daily life is growing rapidly and has become an urge which facilitates
user convenience. It is a medium which is infinite and immeasurable.
Whatsoever the good internet does to us, it has its dark sides tool
Some of the newly emerged cybercrimes are cyber-stalking, cyber-terrorism, e-mail
spoofing, e-mail bombing, cyber pornography, cyber defamation etc. Some conventional
crimes may also come under the category of cybercrimes if they are committed through
the medium of computer or Internet.

__________________________________________________________________________________

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 ➢Define Cyber Crime:
“Cyber Crime may be said to be those species, of
which, genus is the conventional crime, and where
either the computer is an object or subject of the
conduct constituting crime.” “Cyber Crime means
any criminal or other offence that is facilitated by
or involves the use of electronic communications
or information systems, including any device or
the Internet or any one or more of them”
Cybercrime is any criminal activity that involves a
computer, networked device or a network. While
most cybercrimes are carried out in order to generate profit for the
cybercriminals, some cybercrimes are carried out against computers or devices
directly to damage or disable them. Most cybercrime is committed by
cybercriminals or hackers who want to make money. However, occasionally
cybercrime aims to damage computers or networks for reasons other than
profit.

➢ABSTRACT:
In the present scenario of online dependency, vast amount of the
information is available online and hence prone to cyber threats. This paper
focuses on cyber pornography as a new set of crime within the term
cybercrime which is basically carried out by information
and communication technology. This paper outlines the
most controversial issue of child pornography.
Further the paper discusses about the legal
position of cyber pornography to identify Current
Scenario in India; in other Developed Countries. The
paper the dark side of cyber pornography considers the
banning of Cyber Pornography in India; the role of service
providers.
In addition to this it also take into account the
amendments related to Information Technology Act,

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2000 for more stringent rules and Regulation, fair prosecution and conviction
of offender who has committed offences of Cyber Pornography.
This paper discus about the measures taken by police authorities
for more effective and quality investigation; need of creating awareness and
educating parents to have a tight control over use of Internet and other modes
of communication technology and cyber cafe’s take preventive measures to
curb cyber pornography.
However, the paper of contain certain recommendations
which helps to fight against offences related to cyber pornography.
__________________________________________________________________________________

INTRODUCTION:
This paper focuses on the widespread use of the
internet facilities which have brought challenges related to cybercrime in the
process of development of information and communication technology. The
Oxford Dictionary defines Pornography as “printed or visual material
containing explicit description or display of sexual organs or activity intended
to stimulate sexual excitement”. Further, the Black’s law dictionary defines
Pornography as “Lewd and lascivious materials depicting erotic images,
designed to arouse sexual desire”
The Internet technology is an instrument of
communication through which citizens mostly from the younger generation
are using it in a wrong way and for unlawful purposes which is affecting their
innocent minds and degrading their morals. In the recent years, cyber
pornography has been arising as one of the most burning issued related to the
internet. Internet is a multi-national platform where every country is having
different social, cultural, political, economic, moral, and legal structure, so it is
very difficult to consider the “pornographic content” because one country
might consider such obscene as lawful while others may not.
Cyber pornography is
a criminal offense which causes harm to people by displaying, creating,
disseminating, or publishing any indecent images with use of internet. To
handle issues related to cyber pornography there has been various laws,

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recommendation and attempts taken by government and law enforcement
agencies across the globe.

1.1 STATEMENT OF PROBLEM:

Cyber Pornography has increased rapidly in recent times.
Due to the advancement of Internet and high speed of data, pornography
became digitalized. Cyber pornography took several forms and among all child
cyber pornography is of most concern. It is growing like mushrooms and
violating the rights of many innocents. The uncontrolled growth of cyber
pornography is causing major legal threat. It
is becoming extremely difficult to control the growth of cyber pornography
because internet has the huge bulk of data from all the corners of the world,
different national and international laws, difficulty in categorizing the
phonographic martial etc. Legislature also seems negligent in framing
particular laws to tackle the issue of cyber pornography. In the absence of
stringent laws and increasing use of Internet, this problem is growing rapidly
and is a matter of concern. In this research work, efforts are made to highlight
the growing problem of cyber pornography in India and the legal mechanism
to control this problem.

1.2 OBJECTIVES:
Following are the objectives on which researcher wants to attain:
➢ To make an in-depth study about the concept of Cyber pornography in
India and various legislations available to deal with the rising issues of
Cyber Pornography.
➢ To make an in-depth analysis of such laws that deals with curbing the
issue of child pornography and the amendments needed in those laws.
➢ To analyze the judicial approach towards cyber pornography in India.
➢ To find out the ways by which Cyber Pornography could be controlled to
a considerable extant in Present Scenario.

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1.3 RESEARCH QUESTIONS:
Following are the Research problem upon which researcher makes an in-depth
study:
➢ What is the concept of Cyber Pornography in India and why it is rising
rapidly?
➢ What are the available legal framework in India to curb Cyber
Pornography?
➢ What are the Liabilities of Internet intermediary in relation to Cyber
Pornography?
➢ Cyber Pornography is difficult to regulate in Indian Context?

1.4 HYPOTHESES:
➢ Inspite of the so many legislations governing the issues of Cyber
pornography, still is rising and legal framework have failed to a
considerable extant.
➢ Various efforts on the part of judiciary have taken place in India to
regulate Cyber Pornography.

1.5 SCOPE AND LIMITATION

The crux of the present study would be to examine
and evaluate the present re gulatoryregime relating to Cyber Pornography
and the efficacy of the legal system in India toregulate the same. This is
research work is based on Indian theme and it is limited up to the Indian
context. Somewhere when needed a bit of references drawn from the
foreign countries but this research work not at all discusses the concept of
confession in context to cross national perspective.

_______________________________________________________________________________

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 ➢ DEFINE CYBER PORNOGRAPHY:

Though there is no settled definition of pornography however

there are some limited definitions-According to Oxford Dictionary pornography
means the explicit description or exhibition of sexual objects or activity in
literature, painting, films etc. In a manner intended to stimulate erotic rather
than aesthetic feelings; literature etc.
According to the
Webster’s Dictionary, pornography means
writings, pictures etc intended to arouse sexual
desire According to Britannica Pornography is
representation of sexual behaviour in books,
pictures, statutes, motion pictures, and other
media that is intended to cause sexual
excitement.
Legal framework of Cyber Pornography
The internet is a cheap, fast means of
international communication of text, image or sound. Due to the international
nature of the internet.
Internet pornography carries with it some special issues with
the regard to law. There is not a single set of law which apply to distribution,
purchaseing or possession on Internet pornography.
The word pornography has originated from Greek word
“PORNOGRAPHOS” The word PORNO means prostitution and GRAPHSO means
writing about or description of which puts still more distance between subject
and object.

_______________________________________________________________________________

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WHAT IS CYBER PORNOGRAPHY?
➢ Cyber Pornography is defined as the act which uses
cyberspace to initiate, design, expose, introduce and circulate as well as advertise
indecent or pornographic contents. Pornography is a criminal offence and had been
classified as one of the reason for causing harm
to persons.
Pornography is available on the
internet in different layout. It includes pictures
and short animated movies. one of the
astonishing fact about cyber pornography is
that it mainly focuses on children and
teenagers. Child Pornography involves pictures
of children depicted in social activities.
Taking a dig at historical
background, the history and evolution of
cybercrime are easy to track and tally with the
evolution of internet. Pornography is simply a
graphic display of human sexuality which can
be traced as far back as any other sign of
human intelligence.
Porn has been normalized to the point where most men are
becoming addicted as well. As pornography proliferates because of the internet, it
has taken a larger role in our lives. Many have been hurt by it. There are many side
effects of cyber pornography. Due to it the marital relations get disturbed. Prone to
pornography by either partner weaken their marital status as well as dissatisfaction
and distaste towards spouse. Exposure to pornography vitiates the learning habits of
children and hinders their mental growth.
Images which imprinted on the mind of a child at an early age often
reflect on her actions, and this negative exposure propels a child to act out sexually
against other kids. These premature activities are nothing but the result of
pornographic content which they had encountered on the internet. Certain events
and/or experiences, such as viewing pornography, can disturb this process of sexual
development.
Viewing pornography can disturb even accelerate; a child’s
appropriate, normal sexual development. Exposure of adult towards pornography
has led the adults to move in wrong direction and corrupt their mind and they are
becoming criminal and offender in sexual offences.

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 ➢ CONCEPT OF CYBER PORNOGRAPHY:
In the present scenario of online dependency, vast amount
of the information is available online and hence prone to cyber threats. The
widespread use of the internet facilities which have brought challenges related
to cybercrime in the process of development of information and
communication technology. The evolution of cyberspace has transformed the
traditional pornographic content into digital pornographic content which
assists the paedophiles in wide distribution, circulation of pornography
materials. With the advent of science and technology, we all have witnessed
the multiplication of crimes in the world. With other crimes, pornography has
also embedded its roots in the society.
Therefore, what was initially created for titillation of
aristocrats in the form of statutes or monuments in the caves, with the help of
technology, is available in highest definition video quality in our homes.
Internet provides easy access to all kinds of pornography. Nowadays, you don’t
even need to cross the street to get access to it. Unlock your smart phone,
search for it and you are watching porn many a times without even paying for
it. Pornography poses a serious challenge to the world at large.
Cyber pornography is in simple words defined as the
act of using cyberspace to create, display, distribute, import, or publish
pornography or obscene materials With the advent of cyberspace, traditional
pornographic content has now been largely replaced by online/digital
pornographic content. Cyber pornography means an act by using cyberspace to
create, display, distribute, import, or publish obscene materials. It is generally
seen that in cyber pornography especially materials related to children who
are engaged in sexual acts with adults. Cyber pornography implies a
demonstration by utilizing cyberspace to make, show, appropriate, import, or
distributes indecent materials, particularly materials identified with youngsters
who are occupied with sexual demonstrations with grownups Pornography is a
criminal offense which has been considered as one of the bad showing making
hurt individuals.
There are particular objection which exhibit different
revolting material as pictures and short stimulated movies, to sound records
and stories, customers use the web to make sex, sexual life, and sexual
demonstrations and to coordinate sexual activities from PC screen. Website as
a mode includes tremendous information and data for the individual and
because of these wrongdoings identified with cyber indecency isn’t

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inaccessible to it. Simple openness has made it more helpful for people to
approach web without any problem. In Regina v. Hicklin the main trial of
indecency was set down as the inclination to debase and ruin those whose
personalities are available to such indecent impacts and into whose hands a
distribution of this sort may fall.
Cyber pornography is perceived under „.xxx‟ space by
ICANN (INTERNET COOPERATION FOR ASSIGNED NAMES AND NUMBERS)
which is supported by Uniform Domain Dispute Resolution Policy, for settling
debates with respect to Section names. The development of cyberspace has
changed the conventional explicit substance into advanced obscene substance
which helps the paedophile in wide conveyance, flow of pornography
materials. cyber pornography entails all forms of circulation, production and
designing of explicit pornographic content, in the cyber realm. Easy
accessibility and too many options have resulted in individuals perceiving
pornographic content as something regular and in proximity to reality.

__________________________________________________

SMART PHONES AND CHEAP DATA RECORD:

CYBER PORNOGRAPHY EXPLOSION

“Anyone can access anything at any time at any place.”
India has reported 95% spike in traffic to adult sites during
the 3-week, first lockdown. As the Internet, particularly mobile broadband,
becomes more accessible and affordable. Smart phones and cheap data
availability intensify the pandemic of pornography. Indians are viewing explicit
material on their mobile phones more than in any other country in the world.
Growing consumption of porn in the country had been
"mindboggling", with 28.5Billion visits to website Pornhub in 2017, and 110
gigabytes of data "transferred every second." Website Pornhub said its users
watched 4.6 billion hours of pornography in 2016, 61% via smartphone and
11% via tablet. Research also shows that India is a leading porn consumer and
figure -7 analysed that 35-40 percent of mobile data is used to view

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pornography is a surprising fact. And people view pornographic contents not
only at their homes but also at their work place during working hours.
It becomes easier to access pornography thanks to cheap
data and smartphones. Large number of minors access explicit sexual material
on their smart phones whether knowingly or just by chance enters into this red
zone. The ease of carrying a phone and privacy, has been the most responsible
factor for its vast use, which is not so with the computer, there was still always
the chance of discovery. The little friend in our pockets made it nearly
impossible to get caught in the act. 283Most of Indians use their smart phones
as alarm clock, calculation, use to see movies, web shows and all the social
media platforms etc.
Lucknow SSP Surendra Kumar Mishra says, While the
internet has some positive and constructive uses, there are also a lot of
negatives. If you use the internet positively, you can accomplish a lot of work
sitting at home and also earn money while saving time and energy. But on the
flip side, the internet has also made porn more accessible to all kinds of
people. Pornography is responsible for the rise in sexual crimes.
Auto fill facility of Google and other search engines, if
ignition mode is not on, when opened in smart phones can surprise everyone
that when anyone typed how is Search results show Sex India is leading
country in the world in term of pornography search through smartphones.
Smartphones makes world a small place in term of data and become a magic
tool of the internet.

Access of Banned Websites:

Pornographic contents on internet are found easily on
millions of porn websites and surprisingly still exist despite of banning of illegal
pornography and blocking of porn websites depicting child sexual abuse
materials. Banned Sexually explicit materials are available due to technical
miracles which need no much expertise. Easy development of websites, VPN
techniques and availability of proxy servers.

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Access of Banned Sites via VPN
People are running to access banned sites via
VIRTUAL PRIVATE NETWORK (VPN). Users continue
accessing these websites via a VPN. VPN encrypts the
connection from your device to the server and acts as a
middle person in the process. Hence, even if people are
trying to access a website that is blocked in India, the VPN
requests the data from another region like Singapore or the US and then
transfers the content to the user. According to Google Trends, in last some
day’s searches for a VPN solution shoots up abruptly. Visits to this website
increased after the ban. In huge number of people in India are finding the he
bypass to access the pornographic websites which are banned. These are using
the proxy networks or virtual private networks. Which not only take the
viewers to banned sites and their identities and location is also hidden. By
using Opera in built VPN feature in 41 version by which viewers can
comfortably evade the web filters provided by INS. It is two step process where
user by first connecting to the computer in foregin country and then through it
access the banned websites, as:
➢ Download latest version of Opera Browser.
➢ Install it on your computer.
➢ Open the browser once it has been installed and then go to settings.
Check the box that enables the VPN.
A very easy process to access banned websites despite of
efforts of courts and government, all in vain. Huge traffic is reported to
increase on banned as well as unbanned porn websites in lockdown period due
to COVID-19

_______________________________________________________________________________

Internet pornography
Internet pornography is any pornography that is accessible
over the internet; primarily via websites, FTP connections, peer-to-peer file sharing,
or Usenet newsgroups. The greater accessibility of the World Wide Web from the
late 1990s led to an incremental growth of internet pornography, the use of which
among adolescents and adults has since become increasingly popular.

Danni's Hard Drive started in 1995 by Danni Ashe is considered

one of the earliest online pornographic websites. In 2012, estimates of the total

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number of pornographic websites stood at nearly 25 million comprising about 12% of
all the websites. In 2022, the total amount of pornographic content accessible online
was estimated to be over 10,000 terabytes. The two most accessed pornographic
websites are Xvideos.com and Pornhub.com.

As of 2018, a single company, MindGeek, owns and operates most of

the popular online streaming pornographic websites, including: Pornhub, RedTube,
and YouPorn, as well as pornographic film studios like: Brazzers, Digital
Playground, Men.com, Reality Kings, and Sean Cody among others, but it does not
own the websites xHamster and XVideos. The company has been alleged to be a
monopoly.

Before the World Wide Web

Pornography is regarded by some as one of the driving forces
behind the expansion of the World Wide Web, like camcorders, VCRs and cable
television before it. Pornographic images had been transmitted over the internet
as ASCII porn but to send images over network needed computers with graphics
capability and also higher network bandwidth.
This was possible in the late 1980s and early 1990s through the
use of anonymous FTP servers and through the Gopher protocol. At this time the
internet had widespread ever since the late 1970s. One of the early Gopher/FTP
sites was at Tudelft and was called the Digital Archive on the 17th Floor, This small
image archive contained some low quality scanned pornographic images that were
initially available to anyone anonymously, but the site soon became restricted to
Netherlands only access, Pornographic videos started appearing on FTP and
Gopher servers as well.
Free vs. commercial
On the Web, there are both commercial and free pornography
sites. The bandwidth usage of a pornography site is relatively high, and the income a
free site can earn through advertising may not be sufficient to cover the costs of that
bandwidth. One recent entry into the free pornography website market are
Thumbnail gallery post sites.

These are free websites that post links to commercial sites,

providing a sampling of the commercial site in the form of thumbnail images, or in the
form of Free Hosted Galleries-------samplings of full-sized content provided and
hosted by the commercial sites to promote their site. Some free websites primarily
serve as portals by keeping up-to-date indexes of these smaller sampler sites. These
intents to create directories about adult content and websites were followed by the
creation of adult wikis where the user can contribute their knowledge and
recommend quality resources and links. When a user purchases a subscription to a
commercial site after clicking through from a free thumbnail gallery site, the
commercial site makes a payment to the owner of the free site. There are several
forms of sites delivering adult content.

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Peer-to-peer
Peer-to-peer file sharing networks provide another form of free access to
pornography. While such networks have been associated largely with the illegal
sharing of copyrighted music and movies, the sharing of pornography has also been
a popular use for file sharing. Many commercial sites have recognized this trend and
have begun distributing free samples of their content on peer-to-peer networks.

Web filters and blocking software

A variety of content-control, parental
control and filtering software is available to block pornography and other
classifications of material from particular computers or (usually company-owned)
networks. Commercially available Web filters include Bess, Net Nanny,
SeeNoEvil, SurfWatch, and others. Various work-arounds and bypasses are
available for some of these products; Peacefire is one of the most notable
clearinghouses for such countermeasures.

Internet pornography formats

Image files
Pornographic images may be either scanned into the computer from
photographs or magazines, produced with a digital camera or a frame from a video
before being uploading onto a pornographic website. The JPEG format is one of the
most common formats for these images. Another format is GIF which may provide
an animated image where the people in the picture move. It can last for only a
second or two up to a few minutes and then reruns (repeats) indefinitely. If the
position of the objects in the last frame is about the same as the first frame, there is
the illusion of continuous action.

Video files and streaming video

Pornographic video clips may be distributed in a number of
formats, including MPEG, WMV, and QuickTime. More
recently, VCD and DVD image files allow the distribution of whole VCDs and DVDs.
Many commercial porn sites exist that allow one to view pornographic streaming
video. As of 2020, some internet pornography sites have begun offering 5K
resolution content, while 1080p and 4K resolution are still more common.

Since mid-2006, advertising-supported free pornographic video

sharing websites based on the YouTube format have appeared. Referred to as Porn
2.0, these sites generally use Flash technology to distribute videos that were
uploaded by users; these include user-generated content as well as scenes from
commercial porn movies and advertising clips from pornographic websites.

Webcams:
Another format of adult content that emerged with the advent of the
internet is live webcams. Webcam content can generally be divided into two

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categories: group shows offered to members of an adult paysite, and one-on-one
private sessions usually sold on a pay-per-view basis.

Server-based webcam sex shows spur unique international

economics: adult models in various countries perform live webcam shows and chat
for clients in affluent countries. This kind of activity is sometimes mediated by
companies that will set up websites and manage finances. They may maintain
"office" space for the models to perform from, or they provide the interface for
models to work at home, with their own computer with webcam. As of 2020, most so-
called cam hosts stream directly from their home, due to the fast internet lines and
cheap HD webcams, that are available at low-cost. The models get paid via tips or
by selling exclusive content to their viewers through live cam sites, which can reach
more than 20,000 viewers at once.[27] Live cam sites are very popular. Big sites
like Chaturbate or LiveJasmin are among the 100 most popular websites according
to Alexa Internet.

Other formats:
Other formats include text and audio files. While pornographic
and erotic stories, distributed as text files, web pages, and via message boards and
newsgroups, have been semi-popular, audio porn, via formats like MP3 and FLV,
have increased in popularity. Audio porn can include recordings of people having sex
or merely reading erotic stories. (Pornographic magazines are available in Zinio
format, which provides a reader program to enable access.)

__________________________________________________________________________________

➢ OBSCENITY OF CYBER PORNOGRAPHY:

It is also necessary to discuss about obscenity. An obscenity is
any utterance or act that strongly offends the prevalent morality of the time. The
word obscenity is derived from Latin term “OBSCAENA” a cognate of the ancient
Greek root skene.
In this book cyber pornography is categorized in three distinct form that
is child pornography, extreme pornography and adult pornography. Another crucial
concept that is being discussed in this book is the difficulties in regulating cyber
pornography and ambiguity with relation to two terms that is “obscenity” and
“indecency”
Even though of concept of pornography differs a bit depending
upon the materials of pornography but however in legal domain pornography is
defined as “obscenity” Generally pornography consists of obscene video, pictures,
sexual clips etc which is of indecent nature.
In general terms these two terms which is “obscenity” and
“pornography” are used interchangeability without any difference but however there
exists some difference between them. The major difference is in their scope. The
term “obscenity” has wider scope as compared to the term “pornography” because

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obscenity takes into consideration all the materials which are offensive, immoral and
against the sentiments of the masses whereas pornography only takes into
consideration sexually engaging materials. So it could be said that pornography is a
subset of obscenity.
Till date Pornography and Obscenity is not defined under any
law. It is the need of hour that a broader and inclusive definition should be framed.
So that each time litigants should not primarily struggle to define the matter as
obscene or pornographic and then looking towards judiciary for its discretion.
Protection of Children from Sexual Offences (Amendment) Act,
2019 provides broader definition of child pornography but the definition of obscenity
and pornography is missing from statute books till date. Recognition and
consumption of pornography is evident but its definition in clear terms is not
provided. To control the out breaking consumption of prohibited pornography and to
punish any act or omission, offence should be stated in clear terms and categorize
what comes under the definition of pornography and what not.

In recent decades, surge in the usage of pornography is promoting a

severe negative impact on health and well-being throughout the world. In recent
times, there is a surge in rape cases in India. There may be a relation between
pornography addiction and an increase in sexual crime against women.
India stands in third position among most porn-watching
countries and fourth in the highest rape crime countries. Sexual abuse affects
women’s physical and mental health, as well as their sexual and reproductive health,
in both short and long terms. As a result, sexual harassment is regarded as a serious
public health problem. Every day, approximately 93 women are raped in India. There
may be a connection between pornography addiction and an increase in sexual
crime against women in India, as evidenced by the rise in rape cases. There were
few reviews related to Internet pornography use and sexual motivation, learning from
pornography, but there was no review on addiction to pornography and sexual
violence against women in India.

Section 292 of IPC prohibits the sale of obscene

material. Section 292(1) explains the meaning of “obscenity” and Section
292(2) explains the punishment for sale, distribution, etc. of obscene
materials.
Section 292(1) states that any material will be deemed obscene
if it is lascivious or prurient or any part of the material has the tendency to
corrupt or deprave the people.

The provisions relating to Cyber Pornography under the POCSO Act are
discussed below:
• Section 13 of the POCSO Act, 2012, defines the offence of child
pornography, it states that whosoever, uses a child in any form of
media for the sexual gratification shall be guilty of the offence of child
pornography.
• Section 14 of the POCSO Act, 2012, provides the punishment for using
a child for pornographic purposes.

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 OBSCENITY EFFECTS:
Aggression and Abuse
Pornography causes deep impact on the personality of
the individual. Various surveys has been conducted that shows the influence
of pornography on the mindset and the personality of the individual. Those
people who are addicted to pornography develops a strong sexual
aggression. Sometimes this aggression is so high that pulls the individual
towards the commission of the offence such as rape. In many of the rape
cases it was found out that accussed was in the acute addicition of watching
pornographic content.
The pornographic content which is present on Internet is
violent in nature. A survey conducted by the Quarter magazine reveals that
more than half of the video present on the Internet consists of some or the
other form of the violent content. These violent content causes major harm to
human personality. It increases the violent nature of human being. People
who generally watch more violent pornographic content are seen less
sympathetic towards crimes such as rape and molestation. These individuals
are even ready to resort to violent means to get their sexual desires satisfied.
Many NGOs are deeply concerned about the presence
of violence in pornographic content and its impact on human personality. Thus
they conduct a lot of survey to know that up to what extent the violent
pornographic content is hampering the personality of the masses and making
them more violent. A survey was conducted by the Women’ s Welfare NGO to
know this and 100 sexually abuse women taken into study. The 58% of the
women responded that their abuser was an addict of the pornography. Even
though this is a small survey but it is enough to reveal the genesis of
pornography in the commission of heinous offences against women. Violent
pornographic content are the making peoples more aggressive in nature
which in turn causing increase in sexual violence.

Sexual Addiction
Sexual addiction is one of the major drawback of the
watching pornography or cyber pornography. Regular watching of online
pornographic content leads to the sexual addiction which in turn causes
several problems. It also leads to the development of the sexual compulsive
behaviour. Sexual addiction is one of the reason behind the growing
workplace harassment cases. Sexual addiction does not only give rise to legal
offences but also has major drawbacks on health of the individual. A Survey
conducted in America reveals that 57% of the individuals who were the
regular addicts of the online pornography were fighting with stress and
depression.
There are also many major drawback of addiction to
pornography. It leads to the lower self esteem and the degradation of moral
values of the individual. People who are addicted to any kind of pornography
are seen loosing their self control over small issues and it harshly impacts

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 their work life. So both the online and offline pornographic content are causing
several kinds of problem to the person who has become addicted to it.

Less respect towards Women

Pornography often portrays women as a sexual material
that could be used by men anytime they want. In pornographic videos women
are majorly highlighted as compared to the men. Women are shown as a
pleasure object. These thing impacts the mindset of the porn viewers and they
develop an attitude of disrespect towards women. They start treating the
women as a pleasure commodity rather than the symbol of dignity. This
lowers the dignity and

Violence in married life

It is observed that people who are addicted to the
pornography often exercise violence in their married life. Since watching porn
impacts them in several ways they develop this attitude of exercising violence
against their partner. Exercising violence against partner gives rise to the
matrimonial separation, divorce and legal issues. In many cases it was seen
that FIR was lodged against the individuals who was found exercising
violence against their partner. Violence in married life due to the huge use of
internet pornography is very common. Violence in married life is causing huge
impact even on the children.
Effects on the Mind, Body, and Soul
The “digital revolution” has led to great strides in
productivity, communication, and other desirable ends, but pornographers
also have harnessed its power for their profit. The cost has been a further
weakening of the nation’s citizens and families, a development that should be
of grave concern to all. The social sciences demonstrate the appropriateness
of this concern.
Two reports, one by the American Psychological
Association on hyper-sexualized girls, and the other by the National
Campaign to Prevent Teen Pregnancy on the pornographic content of phone
texting among teenagers, make clear that the digital revolution is being used
by younger and younger children to dismantle the barriers that channel
sexuality into family life.
The access has gone a bit too far, now that individuals can even
upload content they wish to. Content that is not filtered, censored, or approved in any
way. In general terms these two terms which is “obscenity” and “pornography” are
used interchangeable without any difference but however there exists some
difference between them. The major difference is in their scope. The term
“obscenity” has wider scope as compared to the term “pornography” because
obscenity takes into consideration all the materials which are offensive, immoral and
against the sentiments of the masses whereas pornography only takes into
consideration sexually engaging materials. so it could be said that pornography is a
subset of obscenity

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IDENTITY THEFT:
Identity theft occurs when criminals steal a victim's personal information to
commit criminal acts. Using this stolen information, a criminal takes over the
victim's identity and conducts a range of fraudulent activities in their name.
Cyber criminals commit identity theft by using
sophisticated Cyber Attack tactics, including social engineering, phishing, and
malware. Identity theft can also result from rudimentary tactics with criminals
stealing mail, digging through dumpsters, and listening in on phone
conversations in public places.
The ultimate goals of many Cyber Attacks is to steal
enough information about a victim to assume their identity to commit
fraudulent activity. Unfortunately, most people only discover they're victims of
identity theft when they apply for a loan, attempt to open a bank account,
apply for a job, receive a call from a collection agency, or request a new credit
card.

What is identity theft?

Identity thieves
usually obtain personal information such as
passwords, ID numbers, credit card numbers
or social security numbers, and misuse them
to act fraudulently in the victim’s name.

These sensitive details can be used

for various illegal purposes including
applying for loans, making online purchases,
or accessing victim’s medical and financial
data.

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Types:
✓ Sources such as the Non-profit Identity
Theft Resource Center sub-divide
identity theft into five categories:
Criminal identity theft (posing as
another person when apprehended for
a crime) Financial identity theft (using
another's identity to obtain credit,
goods, and services)
✓ Identity cloning (using another's
information to assume his or her identity
in daily life)
✓ Medical identity theft (using another's
identity to obtain medical care or drugs)
✓ Child identity theft.
Identity theft may be used to facilitate or fund other crimes
including Illegal immigration, terrorism, phishing and espionage. There are cases of
identity cloning to attack payment systems, including online credit card processing
and medical insurance.

Financial identity theft and fraud:

Financial identity theft is when criminals illegally access your bank and credit card
accounts or defraud you in another way.
Once a criminal has access to enough of your personally identifiable information (PII)
such as your account numbers or credit card number — they can do all sort of
financial damage, such as:
• New account fraud. This is when criminals
open new banking, credit, or debit card
accounts in your name. They use your good
credit history to run up fraudulent charges.
• Mortgage fraud. With enough of your
information, a thief can steal your Home Equity
through a fraudulent Line of Credit (HELOC) or
a reverse mortgage scam.
• Loan fraud. Criminals will also use your
financial information to take out fraudulent loans or lines of credit in your
name
• Credit card fraud. Even if a criminal doesn’t have your physical credit card,
they can make fraudulent purchases online. Or, they can create a “cloned”
version using your credit card information.
Financial fraud from identity theft can seriously damage your credit score and
sometimes take years to recover from.

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Warning signs:

• Unexpected or strange charges on your credit card

• Hard inquiries to your credit report you do not recognize
• Your credit card numbers have been stolen
• Calls from debt collectors about purchases you did not make
• An unexplained drop in your credit score
• Being locked out of your online bank account

What to do:

Credit monitoring is the best way to protect yourself from financial fraud and help
prevent credit card fraud. You can access a free annual credit report from the three
credit bureaus (Experian, Equifax, and TransUnion) at AnnualCreditReport.com.

For extra protection, consider a credit monitoring service that will monitor your
accounts for you and alert you of fraud. Aura automatically tracks all credit and bank
account purchases, new accounts, and activity on your credit report. We'll alert you
of suspicious activity up to 4X faster than the competition.

In the case of all forms of identity theft, you should file a report with the FTC at
IdentityTheft.gov as well as with your local law enforcement.

Identity cloning and concealment

In this situation, the identity thief impersonates someone else to
conceal their own true identity. Examples are illegal immigrants hiding their illegal status, people
hiding from creditors or other individuals and those who simply want to become "anonymous" for
personal reasons. Another example is posers, a label given to people who use someone else's
photos and information on social networking sites.

Posers mostly create believable stories involving friends of the

real person they are imitating. Unlike identity theft used to obtain credit which usually comes to
light when the debts mount, concealment may continue indefinitely without being detected,
particularly if the identity thief can obtain false credentials to pass various authentication tests in
everyday life.

Medical identity theft:

US Government Accountability
Office diagram showing the identity theft risk associated
with social security numbers on Medicare cards
Privacy researcher Pam Dixon, the founder of the World
Privacy Forum, coined the term medical identity theft
and released the first major report about this issue in
2006. In the report, she defined the crime for the first
time and made the plight of victims public.

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 The report's definition of the crime is that medical identity theft
occurs when someone seeks medical care under the identity of another person.
Insurance theft is also very common, if a thief has your insurance information and or
your insurance card, they can seek medical attention posing as yourself. In addition
to risks of financial harm common to all forms of identity theft, the thief's medical
history may be added to the victim's medical records.

Inaccurate information in the victim's records is difficult to correct

and may affect future insurability or cause doctors to rely on misinformation to deliver
inappropriate care. After the publication of the report, which contained a
recommendation that consumers receive notifications of medical data breach
incidents, California passed a law requiring this, and then finally HIPAA was
expanded to also require medical breach notification when breaches affect 500 or
more people.[19][20] Data collected and stored by hospitals and other organizations
such as medical aid schemes is up to 10 times more valuable to cybercriminals than
credit card information.

Child identity theft:

Child identity theft occurs when a minor's identity is used by
another person for the impostor's personal gain. The impostor can be a family
member, a friend, or even a stranger who targets children.
The Social Security numbers of children are valued because
they do not have any information associated with them.
Thieves can establish lines of credit, obtain driver's licenses,
or even buy a house using a child's identity.

This fraud can go undetected for years,

as most children do not discover the problem until years later.
Child identity theft is fairly common, and studies have shown
that the problem is growing. The largest study on child identity
theft, as reported by Richard Power of the Carnegie Mellon
Cylab with data supplied by All Clear ID, found that of 40,000
children, 10.2% were victims of identity theft.

The Federal Trade Commission (FTC) estimates that about nine

million people will be victims of identity theft in the United States per year. It was also
estimated that in 2008 630,000 people under the age of 19 were victims of theft. This
then gave them a debt of about $12,799 which was not theirs.

Not only are children in general big targets of identity theft but
children who are in foster care are even bigger targets. This is because they are
most likely moved around quite frequently and their SSN is being shared with
multiple people and agencies. Foster children are even more victims of identity theft
within their own families and other relatives. Young people in foster care who are
victims of this crime are usually left alone to struggle and figure out how to fix their
newly formed bad credit.

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Criminal Identity Theft:
When a criminal fraudulently identifies themselves to police as
another individual at the point of arrest, it is sometimes referred to as "Criminal
Identity Theft." In some cases, criminals have previously obtained state-issued
identity documents using credentials stolen from others, or have simply presented
a fake ID.

Provided the subterfuge works, charges may be placed under

the victim's name, letting the criminal off the hook. Victims might only learn of such
incidents by chance, for example by receiving a court summons, discovering their
driver's licenses are suspended when stopped for minor traffic violations, or
through background checks performed for employment purposes.

It can be difficult for the victim of criminal identity theft to clear

their record. The steps required to clear the victim's incorrect criminal record depend
on which jurisdiction the crime occurred and whether the true identity of the criminal
can be determined. The victim might need to locate the original arresting officers and
prove their own identity by some reliable means such as fingerprinting or DNA
testing and may need to go to a court hearing to be cleared of the charges.

Obtaining an expungement of court records may also be

required. Authorities might permanently maintain the victim's name as an alias for
the criminal's true identity in their criminal records databases. One problem that
victims of criminal identity theft may encounter is that various data aggregators might
still have incorrect criminal records in their databases even after court and police
records are corrected. This a future background check may return the incorrect
criminal records.

This is just one example of the kinds of impact that may

continue to affect the victims of identity theft for some months or even years after the
crime, aside from the psychological trauma that being 'cloned' typically engenders.

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 CASES

➢ JUDICIAL APPROACH TOWARDS CYBER

PORNOGRAPHY CASES:
4.1TAKE OF INDIAN JUDICIARY ON CYBER PORNOGRAPHY
CASES:

Cyber pornography becomes even more challenging to control

because cyberspace is extremely vast domain and it is difficult to find
the culprit. Many cases goes unnoticed because police fails to find out the culprit
due to the lack of the knowledge of cyberspace. Apart from having harsh legislation, two of
the major ingredient to control to cyber pornography is to raise the more consciousness of
individual and to give training to the police to track criminals in online.

• Kamlesh Vaswani vs. Union of India & Others (2016):

The petitioner filed a Public Interest litigation of order to get

pornographic content on the internet banned. On August 29, 2014, the bench granted ASG
Mr. L. Nageswara Rao’s request thereby directing the government to submit an interlocutory
application and writ petition to the Cyber Regulatory Advisory Committee, since this issue
had been allocated to the Committee under Section 88 of the Information Technology Act,
2000.

The Court granted an interlocutory application submitted by the

Supreme Court Women Lawyers‟ Association on June 26, 2016. The interlocutory
applications requested that the Central Government must order the Ministry of
Communication and Information Technology and the Ministry of Human Resources
Development to prohibit pornographic websites from operating.

The petition and the associated story

This ongoing public interest petition at the Supreme Court, filed in 2013 by Indore-based
advocate Kamlesh Vaswani (“the Vaswani petition” or the petition), raises the following
questions in concern with pornography:

Is it necessary for India to outlaw pornography?

Should those who watch pornography in private be prosecuted as recreational, experimental,

exploratory, deviant, or criminal?

Are we to give the State and commercial intermediaries the authority to subject our sexual
choices to societal mores as well?

According to Vaswani, the companies who supply us with an internet

connection should be accountable for limiting the flood of porn. Vaswani, convinced that the
existing law is a band-aid solution to the “growing problem of pornography,” and requested
the Supreme Court to strike down several sections of the IT Act, 2000 and order the Indian
30 | P a g e
government to draft a national policy and action plan to address the problem of pornography,
as well as enact separate, comprehensive legislation.

The Vaswani petition goes far in calling for the criminalization of all
forms of pornography usage, whether public or private. Without diminishing the importance
of the other problems stated, this prayer, which seeks to outlaw and criminalize all forms of
pornography use, poses serious threats to our liberty under Article 21 of the Indian
Constitution, that must be addressed.

The Supreme Court‟s observation

The Supreme Court of India orally stated that viewing porn in a

private room may fall under the Constitution‟s right to personal liberty and is therefore legal.
Thus, no authority can take away such a right, except by a procedure established by law.

• Avinash Bajaj vs. State (N.C.T.) of Delhi

FACTS: An obscene video titled “DSP Girls having fun” was uploaded by a user (Ravi Raj,
a student of IIT Kharagpur) on the website bazee.com. The MMS was posted on the website
around 8:30 pm of 27 November 2004, which was deactivated around 10 am on 29
November 2004.

An F.I.R was also lodged against the bazee.com for putting on sale the
obscene material. The CEO of bazee.com, Avinash Bajaj was arrested by the police under
Section 67 of the IT Act. Since Ravi Raj (the user who uploaded the MMS) absconded,
Avinash Bajaj file a petition, seeking the quashing of criminal proceedings.

HELD: The CEO of bazee.com was released on bail subject to

furnishing of two securities in the sum of 1,00,000. The accused was also directed not to
leave India without the permission of the Court. He was also directed to participate and assist
in the partnership.

State of Tamil Nadu vs. Dr L. Parekh

FACTS: Dr L. Parekh was a reputed medical practitioner who had contributed more than 120
research paper, all of them were published in a reputed medical journal. The doctor was
arrested and sentenced to life imprisonment in a case about online obscenity. The accused
filed a writ petition to give him all the facilities as a “special class prisoner”.

HELD: The court dismissed the writ petition of the accused and denied any special class
treatment to the accused.

State of Tamil Nadu vs. Suhas Katti

FACTS: The accused (a family friend of the victim) was interested in marrying the victim but
the victim married another person. The marriage of the victim could not last long and ended
up in divorce. The accused again started to contact the victim but the victim refused to have
any contact with the accused. The accused then started sending annoying emails to the victim

31 | P a g e
 HELD: The court found the accused guilty under section 67 of the IT Act, 2000, and was,
therefore, awarded the rigorous imprisonment of 2 years along with a fine of 4,000 under the
IT Act.

4.2 CHILD CYBER PORNOGRAPHY: OFFENSIVE OR ILLEGAL

Whether child pornography is offensive or legal in India has been discussed

with the help of two case laws as provided hereunder.

• P.G. Sam Infant Jones vs. State (2021)

In the recent case of P.G. Sam Infant Jones v. State (2021), the Madras
High Court led by Justice G.R. Swaminathan determined whether child
pornography is an offence or not. In the present case, the petitioner had
browsed downloaded, and transmitted child pornographic material by using Airtel sim
through his e-mail and Facebook Account.

The respondent in the present case mentioned that the NCMEC (National Center for
Missing and Exploited Children) is an international NGO that maintains a Cyber Tipline. A
Memorandum of Understanding existed between the National Crime Records Bureau
(NCRB) of India and NCMEC of the United States, which allows access to the material held
by NCMEC. The petitioner was named in a Tipline complaint given to the respondent police.
It was also highlighted that the incident occurred about a year ago and looked to be a one-
time occurrence. As a result, the petitioner was ordered to surrender his phone, sim card, and
other relevant equipment to the respondent.

The High Court’s observation

The Hon’ble High Court noted that privately watching pornography will not be considered a
crime. Also as of now, there is no law that forbids such private activities, and some even
argue that they are protected under one‟s right to free expression and privacy, guaranteed
under the Indian Constitution. However, under Sectio - B of the Information Technology Act,
2000, every act relating to child pornography is punishable, therefore even watching child
pornography is illegal.

The Bench distinguished between a one-time consumer and those who transmit, disseminate,
show, or distribute in the digital arena, thereby stating that child pornography is a significant
issue that requires a firm approach. The Court stated that it is self-evident that the minute one
enters digital space, one is subjected to monitoring by either the government or those who
operate social networking sites. The Court further added that “if you value your privacy, you
have no choice but to avoid such networks. Of course, in today’s world, this is not an option

Crl.O.P. (Md) No. 11735 of 2014 vs. State (2015)

A reformative judgment was given by the Madras High Court while deciding the case of
Crl.O.P. (Md) No. 11735 of 2014 v. State (2015), which involved a 15-year-old boy
becoming victim to sexual harassment by the petitioner, a British National while the former
was residing in the Trust run by the latter. While defining the term „child sex abuse‟, the
Court had viewed that intercourse, attempted intercourse, oral-genital contact, fondling of
genitals directly or via clothes, exhibition or exposing children to attempt sexual behavior or

32 | P a g e
pornography, and the use of children for prostitution or pornography are all examples of the
same.

Laws playing a modest role

According to Article 39 (e) (f) of the Indian Constitution, it is the

responsibility of the State to ensure that children are not harmed and that they are given the
chance and facilities to develop in a healthy and free a way.

Similarly, Article 45 states that it is the responsibility of the State to

give comprehensive care and education to all children, particularly until they reach the age of
six. The State is allowed to provide specific provisions for women and children under Article
15(3). Apart from the constitutional rights, Parliament enacted the Protection of Children
from Sexual Offence Act 2012 in order to protect children from sexual assault, sexual
harassment, and pornography, as well as to establish special courts for the trial of such
offences and for matters related to or incidental to them.

The Court in the present case noted that despite the a forementioned
special rule, the fact remained that, according to NCRB studies, crimes against minors are
escalating at an alarming rate.

A reformative viewpoint

The Court in light of the present case made the following socially awakening observations:

➢ It is necessary for the government to make a decision on sex education after

comprehensive consideration. In these days of globalization, where every knowledge is
available via the Internet, young people are naturally fascinated about sex and are more
likely to see pornographic material, which can lead to sexual arousal and the commission
of sexual offences against minors.

➢ Children should be educated about sexual solicitations, unwanted touching, and sexual
abuses in light of the aforementioned circumstances. This type of hazardous issue is
caused solely by a lack of knowledge, which must be rectified. We should not mislead
ourselves or our children in the name of culture, values, morals, or traditions in the age of
globalization. As a result, the government must make the proper decision on the
implementation of comprehensive sexuality education for adolescents and young people.

➢ Children can benefit from age-appropriate education about their bodies and sexuality to
help them grasp the difference between sexual and non-sexual contact. This type of
instruction can help children overcome the feelings of shame and dread that commonly
accompany sexual assault and enable them to disclose past or current abuse. Given the
overwhelming evidence that child sexual abuse is widespread in India, as well as strong
evidence that age-appropriate sexuality education for children can reduce the incidence
and severity of sexual abuse, the Indian government’s failure to provide compulsory
sexuality education for children in all schools amounts to negligence and a violation of its
commitments.

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 Because traditional rules are insufficiently rigorous to have any
discernible good consequence, even while the proposal of castration appears barbaric,
barbaric offences should undoubtedly attract a barbaric type of punishment. The goal of
castration as a punishment is to mess with an offender’s libidos in order to regulate their
behavior, removing the sex desire that drives them to commit crimes fueled by alcohol and
pornography.

Castration has been inflicted on child sex offenders in Polland, Russia, Estonia, and
nine states in the United States, including California, Florida, Oregon, Texas, and
Washington. South Korea was the first Asian country to criminalize castration.

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 BIBLIOGRAPHY

Statues
• Indian Penal Code, 1860

• Information Technology Act, 2000

• Protection of Children from Sexual Offences (Amendment) Act, 2019

Websites
• WWW.GOOGLE.COM

• WWW.WIKIPEDIA.COM

• https://en.wikipedia.org/wiki/Pornography

• https://en.wikipedia.org/wiki/Pornography

• https://www.esafety.gov.au/parents/big-issues/unwanted-contact

• https://www.esafety.gov.au/parents/big-issues/unwanted-contact

• https://en.wikipedia.org/wiki/Internet_pornography

Newspaper
• BBC

• Times of India

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(THANK YOU)

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