VERDICTUM.IN NEUTRAL CITATION NO. 2023/DHC/001676 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…” 67A. Punishment for publishing or transmitting of material containing sexually explicit act, etc., in electronic form. -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 rupees and in the event of second or subsequent conviction with imprisonment of either description for a term which may extend to seven years and also with fine which may extend to ten lakh rupees.” 20. At the outset, a perusal of the order of both the Courts below reveal that the orders have been passed primarily on the findings that after going through the web series, particularly Episode 05 of Season 01, it was observed that all the petitioners herein have used obscene words throughout the episode and since the obscenity pertaining to electronic media can be dealt with only under Section 67 of IT Act, the learned ASJ has held that the FIR be registered under Section 67A of the IT Act, and not under Sections 292 and 294 of IPC as also observed by learned ACMM. The conclusion reached by the learned ASJ that offence under Section 67A of IT Act is made out in the present case, as borne out from the order, is on the premise that the petitioners have indulged in publishing, transmitting material which CRL.M.C. 2214/2020 & connected matters Page 12 of 41