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
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents