Does sending of obscene sms to a female friend amounts to offence u/s.67 of the I T Act 2000?
does a sms send to a close freind which is of a obsence nature can be prosecuted u/s. 67 of the I T Act 2000
Answers:
This is a very good question with regards to section 67 of the Information Technology Act, 2000. Section 67 clearly provides Publishing of information which is obscene in electronic form. - Whoever publishes or transmits or causes to be published in the electronic form, any material which is lascivious or appeal to the prurient interest or if its effect is such as to tend to deprave and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it, shall be punished on first conviction with imprisonment of either description for a term which may extend to five years and with fine which may extend to one lakh rupees and in the event of a second or subsequent conviction with imprisonment of either description for a term which may extend to ten years and also with fine which may extend to two lakh rupees.
Here the word used for description of this material has to be Lascivious which means: - is a semi-technical term indicating immoral sexual thoughts or actions. It is often used in the legal description of criminal acts in which some sort of sexual activity is prohibited to differentiate that activity from innocent conduct. It is often used as one of several adjectives to describe pornography as compared to non-pornographic depictions of sex or sexual themes.
Since sending of obscene SMS to a female friend is transmitting in electronic form as the cell phone used for this purpose is operational on the battery that help in the transmitting the SMS from one cell phone to another ,it can be covered under this section 67 of the IT Act,2000.
Man,are you some kind of a nut connecting
obscenity to I T or do you think that your query is funny?What will happen if you send an
obscene sms to your female friend is that you can soon expect an "unexpected"conk on your bonk which will stop you from asking such
questions in future.
can't say about the law, but close friend wont complain against u, though u have lost ur friend. and its IPC not IT
Indian Law never accept and circulation of Obscene and nudity, no matter which ACT you relates to.
If she complaints!!
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