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obscenity pertaining to electronic record falls under the
scheme of the Act. We have also referred to Sections 79 and
81 of the IT Act. Once the special provisions having the
overriding effect do cover a criminal act and the offender, he
gets out of the net of the IPC and in this case, Section 292. It
is apt to note here that electronic forms of transmission is
covered by the IT Act, which is a special law.
It is settled
position in law that a special law shall prevail over the general
and prior laws. When the Act in various provisions deals with
obscenity in electronic form, it covers the offence under
Section 292 IPC.
33.
In Jeewan Kumar Raut v. CBI21, in the context of
Transplantation of Human Organs Act, 1994 (TOHO) treating
it as a special law, the Court held:“22. TOHO being a special statute, Section 4 of the
Code, which ordinarily would be applicable for
investigation into a cognizable offence or the other
provisions, may not be applicable. Section 4 provides
for investigation, inquiry, trial, etc. according to the
provisions of the Code. Sub-section (2) of Section 4,
however, specifically provides that offences under any
other law shall be investigated, inquired into, tried
and otherwise dealt with according to the same
21 (2009) 7 SCC 526
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