In the guwahati molestation case girl is a minor so the video should be banned under sec 67b of it
king
(Querist) 24 July 2012
This query is : Resolved
In the guwahati molestation case girl is a minor so the video should be banned under Sec 67B of IT act as being child pornography ? Does Child pornography cover these issues ?
Guest
(Expert) 24 July 2012
Have you seen molestation scene or the face of the girl in the video in question and whether that is being shown through internet or any other electronic mode freely? If not, which video do you propose to be banned and where to be banned?
Also, if you have seen anything that may have the following effects, you may better make a mention of the tyoe you feel to arouse anything out of the video, like--
1. that tends to excite lust, or
2. that tend to arouse interest in lustful thoughts, or
3. that cause a person to become morally bad and with what scene of that video.
In other words, your description should be clear with reason on what specific ground you consider the video containing child pornography.
king
(Querist) 24 July 2012
No i have just seen the pictures and video on television news. And all of them are all censored. But the girl in question is minor and according to sec 67B(2) creates text or digital images, collects, seeks, browses, downloads, advertises, promotes, exchanges or distributes material in any electronic form depicting children in obscene or indecent or sexually explicit manner.
king
(Querist) 24 July 2012
Sir,
No i have just seen the pictures and video on television news. And all of them are all censored. But the girl in question is minor and according to sec 67B(2) creates text or digital images, collects, seeks, browses, downloads, advertises, promotes, exchanges or distributes material in any electronic form depicting children in obscene or indecent or sexually explicit manner. So doesnt this come under such criteria ? And no it doesnt excite lust in any way as the pictures shown in media itself are disturbing .
Guest
(Expert) 24 July 2012
May be, but if any of the aforesaid three conditions about the video is not fulfilled, Sec. 67B cannot be applied.
king
(Querist) 24 July 2012
So it will not come under criteria of child pornography ? This was a question asked my one of my juniors and i was kind of puzzled by it. Thats why in curiosity i asked.
Guest
(Expert) 24 July 2012
Dear Law student,
At first you need to understand what is pornography. Thereafter be sure whether any erotic or obscene sexual scenes were actually videorecorded and exhibited or not, only then apply sec. 67B? When you are not sure, how you can prove child pornography when you become an advocate?
