VERDICTUM.IN
NEUTRAL CITATION NO. 2023/DHC/001676
material on record has been perused.
16.
At the outset, as far as the arguments raised on behalf of
petitioners on non-compliance of Section 154(3) of Cr.P.C. are
concerned, it is to be noted that as per the record, the complainant
had approached the higher authority of the SHO concerned, i.e. ACP,
Cyber Cell, North District with his grievance. Even otherwise, the
word used under Section 154(3) is ‘may’ and not ‘shall’.
17.
The question before this Court is as to whether this Court, in
the facts and circumstances of the case, will hold a view that the
content of the web series ‘College Romance’ is obscene and that the
order of learned ASJ directing registration of FIR against the
petitioners under Section 67A of IT Act only is correct in law.
18.
This Court to arrive at just decision of the case, has seen a few
episodes of the web series titled ‘College Romance’, including the
Episode 05 of Season 01 which is in question.
I.
19.
Legal Framework
This Court after going through the content of the case file, is of
the opinion that the content of the web series in the present case will
have to be judged in the context of Section 67 and 67A of IT Act,
which are reproduced as under:
“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
CRL.M.C. 2214/2020 & connected matters
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