Question: What Is The Maximum Term Given For Publishing Electronic Obscene Information?

What does section 66 apply?

Section 66A of the IT act reads: “Any person who sends by any means of a computer resource any information that is grossly offensive or has a menacing character; or any information which he knows to be false, but for the purpose of causing annoyance, inconvenience, danger, obstruction, insult shall be punishable with ….

How long do you go to jail for cybercrime?

Most of the cyber-crimes covered under the IT Act are punishable with imprisonment of 3 (three) years or less.

What is considered obscene?

Obscenity refers to a narrow category of pornography that violates contemporary community standards and has no serious literary, artistic, political or scientific value. … Sometimes, material is classified as “harmful to minors” (or obscene as to minors), even though adults can have access to the same material.

Is obscenity a crime?

Obscenity is not protected under First Amendment rights to free speech, and violations of federal obscenity laws are criminal offenses. … Federal law makes it illegal to distribute, transport, sell, ship, mail, produce with intent to distribute or sell, or engage in a business of selling or trnsferring obscene matter.

Which cases are non bailable?

EXAMPLE OF NON-BAILABLE OFFENCEMurder (S.302) IPC.Dowry Death (S.304-B) IPC.Attempt to murder (S.307) IPC.Voluntary causing grievous hurt. ( S.326) IPC.Kidnapping (S. 363) IPC.Rape (S. 376) etc.

What is the punishment for cheating in relationship?

Whoever has sexual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such sexual intercourse not amounting to the offence of rape, is guilty of the offence of adultery, and shall be punished with imprisonment of …

Is Section 66a still valid?

Over three years after it struck down Section 66A of the Information Technology Act as unconstitutional, the Supreme Court on Monday said it was shocked to hear that authorities still continue to book people under the now extinct and draconian provision. … The entire provision was struck down by the court.

What is Section 67a?

Section 67A provides punishment for publishing or transmitting obscene digital content containing sexual explicit acts.

Is cyber crime illegal?

Cybercrime, also called computer crime, the use of a computer as an instrument to further illegal ends, such as committing fraud, trafficking in child pornography and intellectual property, stealing identities, or violating privacy. …

What is online publication of obscene material?

The definition of obscene is “likely to deprave and corrupt” the audience for which it is intended and includes not only sexually explicit material but material relating to violence and drug taking. …

What is the penalty for publishing images of a person’s private parts without consent as per IT Act 2000?

Section 66(E) of the IT Act says, “Whoever intentionally or knowingly captures, publishes or transmits the image of a private area of any person without his or her consent, under circumstances violating the privacy of that person shall be punished with imprisonment which may extend to three years or with fine not …

Is breach of confidentiality an Offence under the Information Technology Act?

Section 72, penalty for breach of confidentiality and privacy: Any person who, in pursuance of any of the powers conferred under the IT Act, rules or regulation made there under, has secured assess to any electronic record, book, register, correspondence, information, document or other material without the consent of …

What is an obscene publication?

This includes material which advocates drug taking, or material which tends to induce violence (see John Calder (Publications) Ltd v Powell). The statutory definition explains that an obscene article is one whose effect will be to deprave or corrupt a person who is likely to see, read or hear the material.

What is Section 66 of IT Act?

What does Section 66(A) of the IT Act say? Section 66(A) of the Act criminalises the sending of offensive messages through a computer or other communication devices.

Is a non bailable case cheating?

The offence is cognizable and falls under the category of Non Bailable in IPC section 420.

What is the punishment of cybercrime?

Penalties. — Any person found guilty of any of the punishable acts enumerated in Sections 4(a) and 4(b) of this Act shall be punished with imprisonment of prision mayor or a fine of at least Two hundred thousand pesos (PhP200,000.00) up to a maximum amount commensurate to the damage incurred or both.

What is the penalty for cyber libel?

Prosecutors applied this for cyber libel, which is punishable by prision correccional in its maximum period to prision mayor in its minimum period. This is equivalent to imprisonment of four years, two months and one day up to a maximum of eight years.

What is the penalty for breach of confidentiality and privacy?

Penalties for any act that constitutes a breach of confidentiality or privacy under the act are covered by Section 72, which states that any person conferred with powers under the act who discloses confidential information without authorisation shall be punished by up to two years’ imprisonment, a fine of Rs100,000 or …

What is the maximum numbers of years punishment for 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 …

What is the punishment for publishing of information which is obscene in electronic form on the first conviction?

Whoever publishes or transmits or causes to be published or transmitted in the electronic form any material which contains sexually explicit act or conduct 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 ten lakh …

How do you get bail in non bailable Offence?

In non-bailable offences accused may be granted bail if competent authority deems it fit, exceptional circumstances should be brought in and presented to show that bail would not harm further process of trial and justice. A court is bound to presume a person innocent till the trial is complete.