VERDICTUM.IN
NEUTRAL CITATION NO. 2023/DHC/001676
the powerful means of bringing renaissance in history, harm, wound
or bring about beautiful changes in the society so that every citizen
gets the best and is able to give its best. The power of words is not
limited and cannot be defined by way of a judgment. The power of
obscenity and sexual explicitness of language used in this web series
therefore, cannot be undermined and it has a definite effect of
depraving and corrupting the minds of people, especially the
impressionable minds and will require to be confined and subjected
to Article 19(2) of the Constitution of India, and at the same time for
transmitting such content, the petitioners will be liable to face action
under Section 67 and 67A of I.T. Act for the reasons mentioned in
the preceding paragraphs. The order of the learned ASJ is upheld to
the extent whereby it has been held that section 292 and 294 IPC are
not made out and 67A IT Act is made out however, it is modified to
the extent of dropping offence under Section 67 of the IT Act.
Resultantly, the order of the learned ACMM is upheld to the extent
of registration of FIR under Section 67 and 67A of IT Act.
82.
It is clarified that the direction to register FIR in the
present case does not include a direction to arrest any of the
accused/petitioner.
83.
In case, this particular episode in question is still posted on any
YouTube channel without classification, appropriate remedial steps
will be taken by YouTube, as per law, rules and guidelines of the IT
Act issued by Ministry of Information and Technology from time to
time.
84.
In the light of above, this Court draws the attention of the
CRL.M.C. 2214/2020 & connected matters
Page 40 of 41
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