Rajesh Choudhary/Legal Forum
Businessman Raj Kundra has been arrested for allegedly making pornographic films and broadcasting them through apps. After all, what does the law of the country say in the case of pornography and why is an attempt to avoid these films by calling them erotic?
When is shooting a sexual act a crime?
Advocate Rekha Agrawal of the Supreme Court states that the right to privacy is included in the right to life. No one cares about what a person does in his bedroom. If two adults are in a sexual relationship, whatever they do inside their room is private. But if someone puts it in the public domain by capturing it on camera, broadcasting or publishing it in any medium, then it is a crime. In such a situation, a case will be made under the IPC sections as well as the IT Act.
Imprisonment up to 7 years in IT Act
Cyber expert Pawan Duggal explains that in the pornography case, sections of IPC are imposed along with Sections 67 and 67A of the IT Act. If we look at the provision of Section-67 of the IPC, it has been said that if any person transmits or publishes obscene material (content containing lust or sexuality etc.) by electronic means, then it is an offense. It has also been said that if any person causes or causes or abets or abets the transmission of such material, it is also an offense. That is, as soon as someone shoots obscene material, then he will come under the purview of the offense under the publication. Also broadcasting it is a crime. For this, if found guilty for the first time, there is a provision of imprisonment up to 3 years and fine up to five lakhs. On the other hand, if found guilty for the second time, there is a provision of imprisonment up to five years and fine up to 10 lakhs.
If the provision of IT Act-67A is observed, then any content which clearly depicts an act of sexuality and is broadcast or published. There is a provision to punish the guilty person in the case of its transmission through any electronic medium. Under this, there is a provision of imprisonment for five years and fine up to Rs 10 lakh for the first time offense. If the accused is convicted for the second time, then in such a case, the punishment may be imprisonment up to 7 years and fine. This case is a non-bailable offence.
Watching child pornography is also a crime
Watching pornography is not a crime but watching child pornography is a crime. Legal expert Pawan Duggal says that if someone watches pornography in private, then it is not a crime. But doing so in a public place would be a crime. But if someone watches child pornography, it is an offense and for this punishment has been provided under Section-67B of the IT Act. If someone searches, downloads or transmits or publishes or watches the content of child pornography or if he or she solicits or abuses children for online sexual acts, then for the first time under Section-67B of the IT Act. There is a provision of imprisonment for 5 years if found guilty and for the second time there is a provision of imprisonment up to 7 years and fine up to Rs 10 lakh.
Obscene act in public place is also a crime
According to Advocate Manish Bhadauria, there is a provision to register a case according to the offense under Section 292, 293 and 294 of the IPC. Section 292 of the IPC provides that if any person sells or distributes or circulates any obscene material, book, or other obscene material, he shall be punished with imprisonment of either description for a term which may extend to two years in the first instance, and If convicted for the second time, there is a provision of imprisonment of up to 5 years. At the same time, under section 293 of the IPC, there is a provision that if anyone circulates or sells obscene material or a book to a person below the age of 20 years, then in this case the punishment can be imprisonment for a term which may extend to three years and if found guilty for the second time. But can be punished with imprisonment up to 7 years. Along with this, there is also a provision of fine up to 2 thousand. At the same time, under Section 294 of the IPC, there is a provision that if a person commits obscene acts in a public place or sings obscene songs or uses obscene language, then if found guilty, he can be imprisoned for 3 months.
what is erotic material
Cyber matters expert Virag Gupta says that whenever there is a discussion about pornography law, the word erotic is used as a defense. But we have to understand the meaning of the language of law. Section-67 of the IT Act states that if any obscene material is broadcast or published, it is an offense. The word erotic is not used for this. In the book of law, the words pruriant and lasivius are used for obscene material, meaning aphrodisiacs. Now erotic also means erotic. The term obscenity is broad and it covers everything. Pawan Duggal explains that the court sees that if a material is being sold in the name of erotic, then it is really an artistic material or has been shown for obscenity. Fetish expressions which carry obscenity shall be treated as obscenity and the law shall come within the ambit of the person who has broadcast or published such material. Any content that is obscene is a crime. If someone says that his content is erotic, then it is for the court to see whether it is erotic or obscene. Artistry can be in a full nude picture and there can be vulgarity with clothes as well. It depends on case to case.
Disclaimer: The views expressed above are those of the author.