21
did not say anything else in that regard. In the case at hand,
it is required to be seen in which of the provision or both an
accused is required to be tried. We have already reproduced
Section 292 IPC in the present incarnation. Section 67 of the
IT Act which provides for punishment for publishing or
transmitting obscene material in electronic form reads 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.”
24.
Section 67A stipulates punishment for publishing or
transmitting of material containing sexually explicit act, etc.,
in electronic form. Section 67B provides for punishment for
Page 21