VERDICTUM.IN
NEUTRAL CITATION NO. 2023/DHC/001676
Section 156(3) as it is mandatory to comply with Section 154(3)
before filing a complaint under Section 156(3). It is also stated that
though it has been observed in order dated 10.11.2020 that Section
67A of IT Act is made out, albeit, the same has not been dealt with as
to how the same is made out in the facts of the present case. It is also
stated that as far as Section 67A of IT Act is concerned, the contents
of the series will show that there is no sexually explicit content
which will bring it under the purview of said provision.
13.
Per contra, learned APP for the State and learned counsel for
respondent no. 2 vehemently argued that it is not mandatory to
comply with Section 154(3) of Cr.P.C, since from bare perusal of the
language of same, it is clear that it is directory and not mandatory in
nature. It is also argued that by virtue of the impugned orders, both
learned ACMM and learned ASJ have given sufficient reasons and
there is no illegality or infirmity in both orders. It is also contended
that there was no disclaimer or warning that the content was meant
for people above 18 years. It is stated that words and languages used
in the web series are such that it will not be used by general public
and that Section 67A of IT Act makes it clear that sexually explicit
content will also include the language used in web series.
14.
Respondent no. 2, who appeared in person, argued that he is an
Alumnus of Delhi University. It is stated that web series ‘College
Romance’ allegedly highlights the student life and character of Delhi
University. It is stated that being an alumnus of Delhi University, he
strongly believes that the characters shown in the web series not only
damage the reputation of the country’s prestigious Delhi University,
CRL.M.C. 2214/2020 & connected matters
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