Internet pornography
Anup
(Querist) 08 April 2013
This query is : Resolved
Hello...
One of my friend had sent one or two emails with porn images to group mail (freinds only around 30 to 40 people) 8 years back. Now if somebody in that group want to take revenge of this person , can he complain about him now for sending porn images ? Will that put him behind the bars ? What is the possibility of conviction ? He is leading a good life now. Pls reply
Tajobsindia
(Expert) 09 April 2013
1. S. 67 of the IT Act is the most serious Indian law penalizing cyber pornography. Other Indian laws that deal with pornography include the Indecent Representation of Women (Prohibition) Act and the Indian Penal Code.
2. Penalty for first offence is; Simple or rigorous imprisonment up to 5 years and fine up to 1 lakh.
3. Now as per brief before us the action coveres Publishing, causing to be published and transmitting cyber pornography which happened 8 years ago and second offence is still not happened hence one or more member of that group of 30-40 persons who received the material cannot bring criminal action suit against you / your friend on how and when the contravention was discovered and by whom as they are simply barred by Limitation Act.
However tell your friend that for any subsequent offence; Simple or rigorous imprisonment up to 10 years and fine up to 2 lakhs is there and by any mistake if he does so to any or more friends in same 30-40 members then he will be convicted if one or more of them bring a criminal action suit against him this time.
prabhakar singh
(Expert) 09 April 2013
So for as it goes for legal advice
Mr.Tajobsindia is right .
The very intention of the query is very serious When it says"can he complain about him now for sending porn images ? Will that put him behind the bars ? What is the possibility of conviction ?
'He is leading a good life now.'
Pls reply "
which i would appeal experts to discourage.
The accuse (He) is leading a good life now.'
Hence after 8 years one or many among those 30-40 who received and enjoyed the porn (might have also forwarded) now wants to BLACKMAIL as the accuse '(He) is leading a good life now.'
i THINK OUR presence here is not for rendering this kind of service.
adv. rajeev ( rajoo )
(Expert) 09 April 2013
After 8 years he cannot because question may arise what he did 8 years, he could lodged the complaint, not doing so amounts that he enjoyed it.
Adv k . mahesh
(Expert) 09 April 2013
after enjoying all this 8 years and now bored to see those email and wanted to harass a person who is leading a good life
Raj Kumar Makkad
(Expert) 09 April 2013
There is a limitation under Criminal procedure code to initiate legal action against any criminal offence within that stipulated time and if the same is not initiated within that period, it shall be treated as if the offence has been condoned and the given matter is covered under the same proposition.
No action can be initiated as anticipated.
