VERDICTUM.IN
NEUTRAL CITATION NO. 2023/DHC/001676
"having or encouraging an excessive interest in sexual
matters, especially the sexual activity of others". The other
word deprave means "morally corrupt; wicked". If the
allegations satisfy any of these acts, including obscenity, the
Court can issue a direction to register a complaint…..”.
24.
Hon’ble High Court of Bombay in Jaykumar Bhawanrao
Gore v. State of Maharashtra 2017 SCC OnLine Bom 7283, had
observed as under:
“Insofar as the meaning of sexually explicit act under section
67A concerned, submissions of learned counsel Mr. Ponda
are to be accepted, as he pointed out from the dictionary that
“explicit” means “describing or representing sexual activity
in a direct and detailed way”. Thus, sexually explicit activity
covered under section 67A is necessarily to be lascivious or
of prurient interest, but the act within section 67 though is
lascivious not necessary sexually explicit activity. However,
it needs to be interpreted further. It does not require a
bilateral sexual activity; it can be unilateral sexual activity
but it should be explicit and not implied.”
25.
Further in Pramod Anand Dhumal Vs. State of Maharashtra
2021 SCC Online Bom 34, it was observed by the Hon’ble High
Court of Bombay as under:
“6…before the offence can be said to be complete under
Section 67A of the IT Act prosecution must demonstrate or
show that accused has published or transmitted material
containing sexually explicit act. Explicit means “clear and
detail”, with no room for confusion or doubt or when sexual
activity is graphically described or represented electronically.
When such act is electronically published or transmitted
particularly amongst adult, it is punishable under Section 67A
of the IT Act. Expression explicit means “stated clearly and
CRL.M.C. 2214/2020 & connected matters
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