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Salil Kumar Adv   06 March 2024

67 A information Technology Act

Sirs,
A person takes a naked photo of a lady and Sends it to her alone, & not to anyone else. whether it amounts to " transmitting /Publishing " u/s 67 A of information Technology Act ? or , Is it necessory to transmit it to third persons, to attract 67 A IT Act ?
Salil Kumarp


Learning

 2 Replies

T. Kalaiselvan, Advocate (Advocate)     06 March 2024

Whoever publishes or transmits or causes to be published or transmitted in the electronic form any material which contains s*xually explicit act or conduct shall be punished on first conviction with imprisonment of either descripttion for a term which may extend to five years and with fine which may extend to ten lakh.

 A repeat offender gets seven years in jail and a fine of Rs.10 lakh

Pradipta Nath (Advocate)     06 March 2024

The accused person has already published/transmitted the nude photo to the victim itself by seding her in her mobile phone, which is self explanatory on the attraction of section 67A of the Information Technology Act.


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