In cases of offences registered under sec. 66A of IT Act (obscene texts & messages), is intimacy between two consenting adults a valid defence?
In my opinion, intimacy between two consenting adults could be a valid legal defence in cases of texting/communicating obscene messages. The previous texts of intimacy could be produced in evidence to show that there was an intimacy between the accused & the complainant and that the complainant had by necessary implication consented to receive the objectionable obscene text.
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