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asun (Nothing)     30 October 2014

Statute of limitation for information technology act?

Hello everyone. I had a query regarding the information technology act. Is there a Statute of limitation for Information Technology Act in India? I had posted some p*rn videos online 3 years ago (legal p*rn, as it would be deemed in other countries) but had no idea about the laws against p*rnography in India at that time. If the police finds out I had posted those videos, can I be convicted? OR is there any statute of limitation for the Information Technology act? Please help, I'm really worried.


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 3 Replies

BHUWAN RAJ 09839268489 (lawyer)     30 October 2014

For criminal offences there is no limitation.it is also an offence in indian penal code.but if u posted the video from foreign country u wl be safe. But if the same has been posted in india u can be in prblem. Better remove the video asap. Regards Bhuwan raj, adv Cell 09839268489.

asun (Nothing)     31 October 2014

Thank you for your response Bhuwan. 

 

I had deleted the videos a few months ago however they were online for more than 3 years - I got to know only recently that p*rnography is illegal in India. 

 

I had not posted those videos in any Indian website, the content was posted/hosted in foreign websites. But I had done that all from India so I'm still liable for 'distribution' I guess?

 

I understand that there are no limitations for criminal cases but if individual files a case against me for posting those videos, Can a court/police file a case against me suo motu if this comes to their attention?

T. Kalaiselvan, Advocate (Advocate)     04 November 2014

Yes, if the p*rn videos are any individual known to you and have been posted against their  wish or knowledge or consent, you are liable to be prosecuted under the criminal as well as cyber laws if the affected person lodges complaint against you even if you have deleted them now because you have already committed a crime.  No  foreign country will hold it legal if you post p*rn videos of a person against his knowledge or consent.  Try take precautionary measures now itself before it will be too late.


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