PUNISHMENT

Querist : Anonymous (Querist) 12 November 2009 This query is : Resolved
Dear expert.,

by ignorance of existance of cyber law., if crime happens.( like sending harrasment mail for one week)

what is punishment at first instance and on repetition of crime.

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Arul Kumar (Expert) 12 November 2009
There is well accepted principle i.e. "the ingnorance of law is no excuse". The Information Technology Act 2000 provides as follows:

As per Section 67 of the Act "Publishing of information which is obscene in electronic form.
Whoever publishes or transmits or causes to be published 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 five years and with fine which may extend to one lakh rupees and in the event of a second or subsequent conviction with imprisonment of either description for a term which may extend to ten years and also with fine which may extend to two lakh rupees."

Raj Kumar Makkad (Expert) 12 November 2009
Nothing to add in the producton of relevant rule.

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