Neutral Citation Number: 2023:DHC:2806 (ii) any part of his or her private area would not be visible to the public, regardless of whether that person is in a public or private place‖ 17. Explanation (a) to Section 66E clarifies that the term “transmit” means to electronically send a visual image with the intent that it be viewed by a person or persons; Explanation (d) states that the term “publishes” means reproduction in the printed or electronic form and making it available for public; and Explanation (e) notes that “under circumstances violating privacy” means circumstances in which persons have a reasonable expectation that they may disrobe in privacy or that any part of their private area would not be visible to the public, regardless of whether they are in a public or private place. 18. Further, Section 67 of the IT Act provides punishment for publishing or transmitting of obscene material in electronic form, and the said provision is as follows: ―67. Punishment for publishing or transmitting obscene material in electronic form.– 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 lakh 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 lakh rupees. Signature Not Verified Digitally Signed By:SHAZAAD ZAKIR Signing Date:26.04.2023 17:19:50 W.P.(CRL) 1505/2021 Page 17 of 88