The Information Technology Act, 2000 has been passed to give effect to the UN resolution and to promote efficient delivery of Government services by means of reliable electronic records. As per preamble to the Act, the purpose of Act is:
(a) to provide legal recognition for transactions carried out by means of electronic data interchange and other means of electronic communication, commonly referred to as "electronic commerce", which involve the use of alternatives to paper-based methods of communication and storage of information and
(b) to facilitate electronic filing of documents with the Government agencies.
Cyber Appellate Tribunal, New Delhi
Cyber Appellate Tribunal has been established under the
Information Technology Act, 2000 by the Central Government in accordance with the provisions contained under Section 48(1) of the Information Technology Act, 2000. At present the Tribunal is functioning:
Cyber Appellate Tribunal,
Department of Electronics & Information Technology,
Ministry of Communications & Information Technology,
Jeevan Bharti (L.I.C.) Building, Ground Floor,
Outer Circle, Connaught Place,
New Delhi – 110001
Te.: +91-11- 23355881
They dealt with many cases related to cyber crime and has appeared several times before the said tribunal. In Delhi every district has criminal court specially designated to hear cases related to cyber crime. Mr. Singh is one of the best cyber crime lawyer in Delhi.
Pornography, an offence in India:
Cyber pornography is banned in many countries. But in India, under the Information Technology Act, 2000, this is a grey area of the law, where it is neither expressly prohibited nor legalized. In Short, browsing or downloading Child pornography online is a punishable offence under the Information Technology Act. The creation of child pornography is also punishable under the Act. The act of collecting and storing cyber pornography is not an offence, but if the content involves minors, then it is punishable with imprisonment upto 5 years and fine upto 10 lakhs.
Section 67 of the Information Technology Act, 2000 makes the following acts punishable with imprisonment up to 3 years and fine up to 5 lakhs:
- Publication- which would include uploading on a website, whats app group or any other digital portal where third parties can have access to such content.
- Transmission- this includes sending obscene photos or images to any person via email, messaging, whats app or any other form of digital media.
- Causing to be published or transmitted- this is a very wide terminology which would end up making the intermediary portal liable, using which the offender has published or transmitted such obscene content. The Intermediary Guidelines under the Information Technology Act put an onus on the Intermediary/Service Provider to exercise due diligence to ensure their portal is not being misused.
Section 67A of the Information Technology Act makes publication, transmission and causing to be transmitted and published in electronic form any material containing sexually explicit act or conduct , punishable with imprisonment upto 5 years and fine upto 10 lakhs.
Thus, upon plain reading of the above said provisions of law, it is very clear that viewing Cyber pornography is legal in India. Merely downloading and viewing such content does not amount to an offence. Publication of pornographic content online is illegal. Storing Cyber pornographic content is not an offence. Transmitting cyber pornography via instant messaging, emails or any other mode of digital transmission is an offence.
The act of collecting and storing cyber pornography is not an offence, but if the content involves minors, then it is punishable with imprisonment upto 5 years and fine upto 10 lakhs.
