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Legal Framework of Information Technology in India: With Special Reference to Cyber Obscenity

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Abstract

The dawn of the third millennium imbibing the sprit of techno-scientific culture witnesses an exponential acceleration of information revolution after the agricultural and industrial revolutions.

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Notes

  1. 1.

    Computerization in banks improves the customers’ satisfaction as well as the employees’ satisfaction. The normal bank timing can become practically round the clock. When all nationalized banks will be computerized and networked, customer can transact from any branch. The advantages of dematerialization, rematerialization, smart card (plastic money), circular notes, electronic cheques, truncated cheques, and convertibility of money, core banking system, automated teller machine and digital signature have already brought the concept of 24 h banking time in major cities, which gradually will be extended to all people.

  2. 2.

    The use of the Internet provides a global infrastructure to support commerce. Today, e-commerce is a buzzword. E-commerce is defined as the application of information technology to support business processes and exchange of goods, services or information between suppliers and customer. The e-catalog along with valuation can be made available in enterpriser’s homepage for customer search. Like conventional settlement of payment, credit card payment gets physically transferred from buyer to the seller.

  3. 3.

    The concept of virtual reality is widely used in entertainment. Movie on demand will change concept of current day television broadcasting. Today robots are available in the net to replace the physical toys.

  4. 4.

    The web based education system is quite popular among the students, which is an outcome of advancement in multimedia technology. This leads to instruction-on-demand and helps the students to study during when he is on move or desires to study in free time. Online examinations and online interviews set to enter in a big way.

  5. 5.

    E-Governance (or Digital Governance) is defined as the utilization of the Internet and the worldwide-web for delivering governments’ information and services to the citizens.

    1. (a)

      Project saukaryam of Visakhapatnam Municipal Corporation is a public private partnership model of e-governance. Through the website: www.saukarya.org facilities like online payment of municipal dues, filing and settlement of complaints and grievances, tracking of building plans status, registration of death and birth, tracking garbage lifting, etc.

    2. (b)

      Gyandoot model in the Dhar District of Madhya Pradesh, a low cost, self sustainable and community owned rural Intranet project provides soochanaly as (information Kiosks) to rural population like agriculture produce auction centers, copies of land record, online registration of applications and public grievance redressal.

    3. (c)

      The State of Kerala has initiated a Smart Ration Card Project to streamline the ration card purchasing.

    4. (d)

      The State of Haryana is implementing Haryana Registration Information system to provide registration of documents, right at the Tehsil/sub level. It includes security checks, online capturing and storing of photos of buyers, sells and witnesses and information about registration fees, printing of registration certificate and various statistical reports.

    5. (e)

      Bhoomi Project of the State of Karnatak involves the computerization of 225 treasuries all across the State. The Bhoomi project is about computerization of land record system and its already operational in 176 taluksas.

    6. (f)

      E-choupal is Information Technology Communication’s based rural project. It enables farmers to readily access crop specific real time information and customized knowledge in their native language. It has bagged the United Nations’ Development Programme’s first global business award to recognize the role of the corporate community in implementation of UN targets of reducing poverty, etc. VakulSaharma, Information Technology Law and Practice, Universal Law Publishing Co. (2000), at 40.

  6. 6.

    Application of digital technology is also quite useful in the field of agriculture. Onsite field measurements, data analysis, farm management and control are realizable. The increase in food production is achieved through better and effective utilization of available resources. Mircroprocessor based systems help in better management of fertilizer performance measurement through soil electronics. IT based techniques are best suited for irrigation scheduling and scientific water management. And also, IT based techniques are best suited for irrigation.

  7. 7.

    Electronic court filing is the automated transmission of legal documents from an attorney, party or self represent litigant to a court, from a court to an attorney, and from an attorney or other user of legal documents.

  8. 8.

    The term cyborge is used to refer to a man or woman with bionic or robotic implants.

  9. 9.

    Justice H.R. Khanna, “Interaction of Science, Technology and Law in India”, 15(1&2) The Banaras Law Journal, 1979, at 1.

  10. 10.

    University of California at Los Angeles, University of California at Santa Barbara, Stanford Research Institute and the University of Utah.

  11. 11.

    The United Nations Commission on International Trade Law (UNCITRAL) drafted a Model Law in 1996 that provides answers to many of the legal issues that have occupied significant place in the computer world. It undertook to formulate the model legislation in response to the fact that in a number of countries the existing legislation governing communication and storage information is inadequate or outdated because it does not contemplate the use of electronic commerce. Although it does not have any force yet it serves as a model to countries for evaluation and modernization of certain aspects of their law. India is also signatory to it and hence is under obligation to redesign and modernize its law in the light of information technology and communication revolution which has its consequent multidimensional impact on different aspects of the life of the people world wide.

  12. 12.

    According to the doctrine of functional equivalence principle whatever laws are applicable to the human conduct in the physical world (off-line conduct) should also apply to human conduct in cyberspace (online conduct).

  13. 13.

    The Indian Penal Code, 1860, sections 29A, 167, 172, 173, 175, 192, 104, 463, 464, 468, 469, 470, 471, 474, 476,477 and 477A.

  14. 14.

    The Indian Evidence Act, 1872, sections 3, 17, 22A, 34, 35, 39, 47, 59, 65, 65B, 73A, 81A, 85A, 85B, 85C, 88A, 90 and 131.

  15. 15.

    The Bankers’ Book Evidence Act, 1891, sections 2 and 2A.

  16. 16.

    The Reserve Bank of India Act, 1934, section 58.

  17. 17.

    The Information Technology Act, 2000, section 43(a).

  18. 18.

    Id., section 2(k) Computer resource means computer, computer system, computer network, data, computer database or software.

  19. 19.

    Retrieving a file (digital content) from a remote computer, computer system or computer network.

  20. 20.

    Retrieving a file (digital content) from a remote computer, computer system or computer network and then saving it on either computer’s hard disk or any removable storage medium.

  21. 21.

    Retrieving a file (digital content) from a remote computer, computer system or computer network and then selectively extract part of the digital content.

  22. 22.

    The Information Technology Act, 2000, section 43(b).

  23. 23.

    Id., section 43(c).

  24. 24.

    Id., section 43(d).

  25. 25.

    Id., section 43(e).

  26. 26.

    Id., section 43(f).

  27. 27.

    Id., section 43(g).

  28. 28.

    Id., section 43(h).

  29. 29.

    The Information Technology (Amendment) Act, 2008, section 43(i).

  30. 30.

    Id., section 43(j).

  31. 31.

    Id., section 43A.

  32. 32.

    The Information Technology Act, supra note 22, section 44.

  33. 33.

    Id., section 46.

  34. 34.

    Id., section 41.

  35. 35.

    Id., section 48.

  36. 36.

    Id., sections 17 and 28.

  37. 37.

    Id., section 61.

  38. 38.

    Id., section 62.

  39. 39.

    Id., section 58.

  40. 40.

    Id., section 65.

  41. 41.

    Id., section 66.

  42. 42.

    The Information Technology (Amendment) Act, supra note 29, section 61A.

  43. 43.

    Id., section 66B.

  44. 44.

    Id., section 66C.

  45. 45.

    Id., section 66D.

  46. 46.

    Id., section 66E.

  47. 47.

    Id., section 66F.

  48. 48.

    Id., section 67.

  49. 49.

    Id., section 67A.

  50. 50.

    Id., section 67B.

  51. 51.

    Id., section 67C.

  52. 52.

    Id., section 68.

  53. 53.

    Id., section 69.

  54. 54.

    Id., section 69A.

  55. 55.

    Id., section 69B.

  56. 56.

    Id., section 70.

  57. 57.

    Id., section 71.

  58. 58.

    Id., section 72.

  59. 59.

    Id., section 72A.

  60. 60.

    Id., section 73.

  61. 61.

    Id., section 74.

  62. 62.

    The term pornography is derived from the Greek Words- porne (prostitute) and graphos (writing). The word now means: (1) description of prostitutes or prostitution: (2) a depiction (as in writing or painting of licentiousness or lewdness): a portrayal of erotic behavior designed to cause sexual excitement. The Encyclopedia of Ethics defines it as the sexual explicit depiction of person, in words or images, created with the primary, proximate aim and reasonable hope of eliciting significant sexual arousal on the part of the consumer of such material. The Canadian Dictionary of English Language defines it as sexually explicit material that sometimes equates sex with power and violence. According to Webster’s New World Dictionary, it means writings, pictures, etc., intended primarily to arouse sexual desire.

  63. 63.

    The word cyber space is coined by an author William Gibson in his novel Neuromancer, Monalisa and Count Zero written in 1980. Novelist Gibson visualized the cyber space in these words as “A consensual hallucination experienced daily by billions of legitimate operators, in every nation by children being taught mathematical concepts. A graphical representation of data abstracted from the banks of every computer in the human system unthinkable complexity, lines of light ranged in the non-space of the mind, cluster and constellations of data”. New York: Berkley Publishing Group, 1989, p. 128. The Supreme Court of the Unites States of America in ACLU v. Reno, 521 US 844, explains the nature of cyber space as follows: anyone with access to the Internet may take advantage of a wide variety of communication and information retrieval methods. These methods are constantly evolving and difficult to categories precisely. But, as presently constituted, those most relevant to thee cases are electronic mail (e-mail), automatic mailing list services, newsgroup, a chat room and the World Wide Web. All of these methods can be used to transmit text most can transmit sound, picture, and moving video images. Taken together, these tools constitute a unique medium knows to its user as cyber space-located in no particular geographical location but available to anyone any in the world with access to the Internet.

  64. 64.

    The term obscenity, a moving and elusive concept is derived from the Latin phrase ob caenum meaning about filth. It denotes the quality of the material identified as being offensive to modesty or decency. In R. v. Close, (1948) V.L.R. 445, at 465, Justice Fullagar wrote, “There does not exist in any community at all times-however the standard may vary from time to time-a general instinctive sense of what is decent and what is indecence of what is clean and what dirty and then this distinction has to be drawn. I do not know that today there is any better tribunal than a jury to draw it-I am very far from attempting to lay down a model direction, but a judge might perhaps, in case of a novel, say something like this. It would not to be true to say that any publication dealing with sexual relation is obscene. The relations of the sexes are of course, legitimate matters for discussion everywhere. There are certain standard of decency which prevail in the community, and you are really called upon to try this case because you are regarded as representing and capable of justly applying those standards what is obscene is something which offends against those standards.”

  65. 65.

    (1868) LR 3 QB 360, 371; the facts involve one Henry Scott, who resold copies of an anticatholic pamphlet entitled ‘The Confessional Unmasked: Shewing the depravity of the Romish priesthood, the iniquity of the Confessional, and the questions put to females in confession’. The pamphlet consisted of extracts taken from the writings theologians on the doctrine and discipline of the Romish Church and particularly on the practice of auricular confession. On one side of the pages were passages in the originals Latin, and opposite to each passage was a free translation in English. The Pamphlet also contained a preface and notes condemnatory of the tenets and principles of the writers. About half of the pamphlets relate to the controversial questions but the latter half of the pamphlet was grossly obscene, as relating to impure and filthy acts, words and ideas. The pamphlets were ordered to be destroyed as obscene, Scott appealed against the order to the court of Quarter Sessions, Benjamin Hickline, the official in charge of such orders as Recorder, revoked the order of destruction. Hicklin held that Henry Scott’s purpose had not been to corrupt public morals but to expose problems within the Catholic Church: hence, Scott’s intention was innocent. The authorities appealed Hicklin’s reversal, brining the case to the consideration of the Court of Queen Bench.

  66. 66.

    (1957) 354 US 476.

  67. 67.

    (1973) 25 US 413, the appellant conducted a mass mailing campaign to advertise the sale of illustrated books, euphemistically called ‘adult’ material. After a jury trial, he was convicted of violating California Penal Code S. 311.2, misdemeanor, by knowingly distributing obscene matter, and the Appellant Department, Superior Court of California, County Orange, summarily affirmed the judgment without opinion. Appellant’s conviction was specifically based on his conduct in causing five unsolicited advertising brochures to be sent through the mail in an envelop addressed to restaurant in Newport Beach, California. The envelope was opened by the manager of the restaurant and his mother. They had not requested the brochures: they complained to the police. The brochures advertise four books entitled ‘Intercourse,’ ‘Man-woman’, ‘Sexorgies illustrated’ and a film entitled ‘History of Pornography’ and a film entitled ‘Martial Intercourse’. While the brochures contain some descriptive printed material, primarily they consistent of pictures and drawing very explicitly depicting man and women in groups of two or more engaging in a variety of sexual activities, with genitals often prominently displayed.

  68. 68.

    Patently offensive representation or descriptions of masturbation, excretory functions, and lewd exhibition of the genitals.

  69. 69.

    The original Indian Penal Code, 1860, sections 292 and 293 dealt with sale of obscene books, etc., and obscene objects to young persons, it was accordance with the resolution passed by the International Convention on the suppression and circulation and Traffic in Obscene Publications, signed at Geneva on behalf of the Governor General in Council on 12th day of September 1923. The Select Committee in its report dated 10th February, 1925 intended to exclude religious, artistic and scientific writing, etc., and subsequently, this section makes exception in respect of any representation sculptured, engraved or painted on or in any ancient monument. Furthermore, section 293 provides for enhancement of punishment to those who sell, distribute, exhibit or circulate any obscene object to person under the age of 20 years. Section 294 provides that whoever, to the annoyance of others (a) does any obscene act in public place or (b) sings, recites or utters any obscene songs, ballad or words, in or near any public place, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine or with both.

  70. 70.

    The object of the Act was to prevent the depiction of the figure of a woman in a manner which is derogatory or denigrating to a woman or which is likely to corrupt public morality. ‘Indecent representation of women’ has been defined in the Act to mean the depiction in any manner of the figure of a woman, her form or body or any part thereof in such a way as to have the effect of being indecent, or derogatory to, or denigrating to women, or is likely to deprave, corrupt or injure the public morality or morals. And also section 3 of the Act lays down that no person shall publish or cause to be published, or arrange to take part in the publication or exhibition of any advertisement which contains indecent representation of women in any form. Section 4 further lays down that no person shall produce or cause to be produced, sell, let or hire, distribute, photograph representation of figure which contains indecent representation of women in any form. But this prohibition does not apply to:

    1. (a)

      any book, pamphlet, paper slide, film, writing, drawing, paintings photograph, representation on figure:

      1. (i)

        the publication of which proved to be justified as being for the public good on the ground that such book, pamphlet, paper, slide, film, writing drawing, painting, photograph, representation or figure is the interest of science, literature, art or learning or other objects of general concern: or

      2. (ii)

        which is kept or used bona fide or religious purposes:

    2. (b)

      any representation sculptured, engraved, painted or otherwise represented on or in:

      1. (i)

        any ancient monument within the meaning of the “Ancient Monuments And Archaeological Sites and Remains Act, 1958”: or

      2. (ii)

        any temple, or any car used for the conveyance of idols, or kept or used for any religious purpose:

    3. (c)

      any film in respect of which the provisions of Part II of the Cinematography Act, 1952 will be applicable.

  71. 71.

    Section 67 of the Information Technology Act, 2000, ‘Whoever publishes or transmits or causes to be published or transmitted in the electronic form, 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 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 three years and with fine which may extend to five laksh rupees and in the event of second or subsequent conviction with imprisonment of either description for a term which may extend to five years and also with fine which may extend to ten laksh rupees.

  72. 72.

    Chandrakant Kalyandas Kakodhar v. State of Maharashtra, AIR 1970 SC 1390.

  73. 73.

    AIR 1965 SC 881.

  74. 74.

    The question came before the Supreme Court in connection with freedom of speech and expression guaranteed by the constitution. This pertains to an obscene passage in the Book ‘Lady Chatterley’a Lover’. The court said that the world obscenity denotes something which is offensive to modesty or decency, which is filthy and repulsive.

  75. 75.

    AIR 1986 SC 967.

  76. 76.

    AIR 1996 SC 1846.

  77. 77.

    Khushboo v. Kanniammaland Another, AIR2010, S.C. 3196; Director General of Doordarshan v. Anand Patwardhan (2006) 8SCC 433; Ajaya Goswami v. Union of India (2007) 1 SCC 169.

  78. 78.

    2013 Indlaw SC 323.

  79. 79.

    1999 (2) RCR (Criminal) 148.

  80. 80.

    Section 2(i) of the Information Technology Act, 2000: Computer means any electronic, magnetic, optical or other high-speed data processing device or system which performs logical, arithmetic and memory functions by manipulations of electronic, magnetic or optical impulses, and includes all input, output, processing, storage, computer software or communication facilities which are connected or related to the computer in a computer system or computer network.

  81. 81.

    Id., section 2(l) Computer system means a device or collection of devices, including input and output support devices and excluding calculators which are not programmable and capable of being used in conjunction with external files, which contain computer programes, electronic instructions, input data and output data, that performs logic, arithmetic, data storage and retrieval, communication control and other functions.

  82. 82.

    Id., section 2(k) Computer resource means computer, computer system, computer network, data, computer database or software.

  83. 83.

    Developing country is a term generally used to describe a nation with a low level of material well being (not to be confused with third world countries). Since no single definition of the term developed country is recognized internationally, the level of the development may vary widely within so called developing countries. Some developing countries have high average standard of living.

  84. 84.

    Developed countries are those that have high levels of development and a highest stand of living. These countries are Sweden, Germany, Ireland, Canada, New Zealand, Britain, Norway, Finland, Netherlands, USA and Australia.

  85. 85.

    Ministers or their representatives from the following 26 member states signed the treaty: Albania, Armenia, Austria, Bulgaria, Croatia, Cyprus, Estonia, Finland, France, Germany, Greece, Hungary, Italy, Moldove, the Netherlands, Norway, Poland, Portugal, Romania, Spain, Sweden, Switzerland, the Former Yugoslav Republic of Macedonia, Ukrain and the United Kingdom. Other 4 members, Canada, Japan, South Africa and U.S.A took part in drafting and also singed the treaty.

  86. 86.

    The Budapest Convention, 2001, Article 9 provides that

    1. 1.

      Each Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences under its domestic law, when committed intentionally and without right, the following conduct:

      1. a.

        Producing child pornography for the purpose of its distribution through a computer system;

      2. b.

        Offering or making available child pornography through a computer system;

      3. c.

        Distributing or transmitting child pornography through a computer system;

      4. d.

        Procuring child pornography through a computer system for oneself or for another; and

      5. e.

        Possessing child pornography in a computer system or on a computer data storage medium;

    2. 2.

      For the purpose of paragraph 1 above child pornography shall include pornographic material that visually depicts:

      1. a.

        a minor engaged in sexually explicit conduct;

      2. b.

        a person appearing to be a minor engaged in sexually explicit conduct;

      3. c.

        realistic images representing a minor engaged in sexually explicit conduct;

    3. 3.

      For the purpose of paragraph 2 above, the term minor shall include all persons less than 18 years of age. A Party may, however, require a lower age-limit, which shall be not less than 16 years; and

    4. 4.

      Each Party may reserve the right not to apply, in whole or in part, paragraph 1(d) and 1(e), and 2(b) and 2(c).

  87. 87.

    Free association of sovereign states formed in 1991, comprising Russia and a number of other republics that were formerly part of the Soviet Union, Members are Russia, Ukraine, Belarus, Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan, Uzbekistan, Armenia, Azerbaijan, and Moldova. Georgia, originally a member, withdrew from the association in 2009. The administrative centre is in Minsk, Belarus. The CIS’s functions are to coordinate its member’s policies regarding their economies, foreign relations, defense, immigration environmental protection, and law enforcement.

  88. 88.

    Legal and Constitutional Affairs Division Commonwealth Secretariat Report on Law and Technology Workshop for Caribbean, Kingston, Jamaica, 3–7 November, 2003, published in September, 26, 2009, available at: http://www.webology.ir/2oo7/v4n3.html [accessed on July 29, 2013].

  89. 89.

    Ibid.

  90. 90.

    McConnel International 2000, “Cyber Crime and Punishment? Archaic Laws Thracat on Global Information, available at: http://www.mcconnelinternational.com [accessed on July 29, 2013].

  91. 91.

    Commonwealth Secretariat, The Harare Scheme on Mutual Assistance in Criminal Matters; Possible Amendments to the Scheme and Discussion of Interception of Communications and Related Matters, Meeting of Commonwealth Law Ministers and Senior Official, Accra, Ghana, 17–20 October 2005, available at: http://www.webology.ir/2007/v4n3/a45.html [accessed on July 26, 2013].

  92. 92.

    The Criminal Justice Public Order Act, 1988, section 160 makes it an offence for a person to have any indecent photograph of a child in his possession.

  93. 93.

    The new offence for the possession of extreme pornography was introduced in the U.K. through the Criminal Justice and Immigration Act, 2008 which came into force in January 2009. This covers consensual acts, involving adult participants and was described as the first possession offence for adult pornography in Europe.

  94. 94.

    R. v. Fellows (1937) 2 ALL ER 548.

  95. 95.

    R. v. Bowden (2000) 1 Criminal App. R 438, 444, per Otton LJ.

  96. 96.

    EWHC Admin 302, 8th March, 2000.

  97. 97.

    EWCA Criminal Journal, 2002, at 683.

  98. 98.

    The Information Technology Act, 2000 , section 67.

  99. 99.

    Inserted by section 32, the Information Technology (Amendment) Act, 2008.

  100. 100.

    Id., section 67B: Whoever:

    1. (a)

      publishes or transmits or causes to be published or transmitted material in any electronic form which depicts children engaged in sexually explicit act or conduct: or

    2. (b)

      creates text or digital images, collects, seeks, browses, downloads, advertises, promotes, exchanges or distributes material in any electronic form depicting children in obscene or indecent or sexually explicit manner: or

    3. (c)

      cultivates, entices or induces children to online relationship with one or more children for an on sexually explicit act or in a manner that may offend a reasonable adult on the computer resource: or

    4. (d)

      facilitates abusing children online: or

    5. (e)

      records in any electronic form own abuse or that of others pertaining to sexually explicit act with children, shall be punished on first conviction with imprisonment of either description for a term which may extend to fie years and with fine with may extend to ten lakh rupees and in the event of second or subsequent conviction with imprisonment of either description for a term which may extend to seven years and also with fine which may extend to ten lakh rupees.

    Provided that provisions of section 67, section 67-A and this section does not extend to any book, pamphlet, paper, writing, drawing, painting representation or figure in electronic form:

    1. (i)

      the publication of which is proved to be justified as being for the public good on the ground that such book, pamphlet, paper, writing, drawing, painting representation or figure is the interest of science, literature, art or learning or other objects of general concern: or

    2. (ii)

      which is kept or used for bona fide heritage or religious purposes.

    Explanation: For the purposes of this section, Children means a person who has not completed the age of 18 years.

  101. 101.

    The Indian Penal Code, 1860, sections 292, “if it is lascivious or appeals to the prurient interest or if its effect, or (where it comprises two or more distinct items) the effect of any one of its items is, if taken as a whole, 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.” And section 293: whoever sells lets to hire, distributes, exhibits, or circulates to any person under the age of twenty years any such obscene object as it referred to in the last preceding section, or offers or attempts so to do, shall be punished on first conviction with imprisonment of either description for a term which may extend to three years, and with fine which may extend to two thousand rupees, and in the event of a second or subsequent conviction, with imprisonment of either description for term which may extend to seven years, and also with fine which may extend to five thousand rupee.

  102. 102.

    The Information Technology Act, 2000, section 67.

  103. 103.

    Id., section 66E(C) private area means the naked or undergarment clad genitals, public area, buttocks or female breast.

  104. 104.

    The concept of living law as in the USA during the 1920s evolved around the notion that although laws may be out of date: the application of them, through the judiciary, kept the law current. L. Brandeis, The Living Law, 1916.

  105. 105.

    State of Tamil Nadu v. Suhas Katti, 2004, available at: www.navvi.org/cleditorial04/suhaskatti_case.htm [accessed on July 20, 2013].

  106. 106.

    (2000) 7 SCC 759.

  107. 107.

    150 (2008) DLT 769.

  108. 108.

    (2005) 1 SCC 582.

  109. 109.

    The Air Force Balbharati School Case 2001, available at: http://www.cyberlaw.org/Extracts, www.reddiffimail.cp, [accessed on June 22, 2013].

  110. 110.

    R.C. Mishra, Cyber Crime: Impacts in the New Millennium, (Authors Press Global Network, New Delhi, 1st ed., 2002) at 282.

  111. 111.

    The Times of India, March 30, 2005.

  112. 112.

    Whoever, intending to insult the modesty of a woman, utters any world, makes any sound or gesture, or exhibits any object, intending that such world or sound shall be heard, or that such gesture of object shall be seen, by such woman, or intrudes upon the privacy of such woman, shall be punished with simple imprisonment for a term which may extend to one year, or with fine or with both.

  113. 113.

    The Time of India, January 01, 2006.

  114. 114.

    Section 81 of the Information Technology Act, 2000, ‘the provisions of this Act shall have effect notwithstanding anything inconsistent there with contained in any other law for the time being in force. Provided that nothing contained in this Act shall restrict any person from exercising any right conferred under the Copyright Act, 1957 or the Patents Act, 1970.

  115. 115.

    (2009) 7 SCC 526.g.

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Sahoo, G.P. (2018). Legal Framework of Information Technology in India: With Special Reference to Cyber Obscenity. In: Nirmal, B., Singh, R. (eds) Contemporary Issues in International Law. Springer, Singapore. https://doi.org/10.1007/978-981-10-6277-3_34

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