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transmission by intermediaries, since it explicitly uses the
non-obstante clauses and has an overriding effect on any
other law in force.
Thus, the emphasis is on the three
provisions, namely, Sections 67, 79 and 81, and the three
provisions, according to Dr. Singhvi, constitute a holistic
trinity. In this regard, we may reproduce Section 81 of the IT
Act, which is as follows:“81. Act to have overriding effect.- The provisions of
this Act shall have effect notwithstanding anything
inconsistent therewith contained in any other law
for the time being in force.
Provided that nothing contained in this Act shall
restrict any person from exercising any right
conferred under the Copyright Act 1957 or the
Patents Act 1970.”
The proviso has been inserted by Act 10 of 2009 w.e.f.
27.10.2009.
28.
Having noted the provisions, it has to be recapitulated
that Section 67 clearly stipulates punishment for publishing,
transmitting obscene materials in electronic form.
The said
provision read with Section 67A and 67B is a complete code
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