Friday, June 17, 2022

Term "sexually explicit" under section 67A IT Act not limited to sexual intercourse; will include nude video: Bombay High Court

The Bombay High Court last week observed that forwarding a nude video is an offence under Section 67A of the Information Technology (IT) Act.

Justice Bharati Dangre was of the opinion that the term "sexually explicit" under section 67A isn't limited to the act of sexual intercourse but would also include a video showing a person in the nude.

"The intention of the legislature in introducing Section 67, being publishing or transmitting obscene material in electronic form, cannot be restricted by construing the term ‘sexually explicit’ to only showing an activity of being indulging in sex." 

The Court, therefore, denied anticipatory bail to a man accused of sending a nude video of a woman to multiple people including her husband on WhatsApp.

"In any case, when the intention of the legislature was to do away exploitation of women or children or any person in electronic form by publishing or transmitting any obscene material, the term ‘sexually explicit’, cannot be said to be not covering activity in respect of which the accusations are made." 

No comments:

Post a Comment