@dkgdelhi: Karanjit Leone is guilty U/s IPC292 (I) & IT62 as she makes, direct & produce XXXmovie selling them online in Bharat also.
Her presence in Bharat is perverting young minds, turning them toward watching pornography and choosing it as oversea career like her.
The court should take suo-motto cognisance or social bodies should launch a FIR or criminal suit against her. Her Indiction under both section is clear from commentary given below:
THE LAW ON PORNOGRAPHY IN INDIA
Pornography and Obscenity
The term ‘pornography’ when used in relation to an offence is not defined in any statutes in India but the term ‘obscenity’ has been effectively explained in two statutes in India, and these legislations prescribe that ‘obscenity’ in certain circumstances constitutes an offence.
These legislations are (i) The Indian Penal Code, 1860 (‘IPC’) and (ii) The Information Technology Act, 2000 (‘IT Act’).
Section 292 of the IPC and section 67 of the IT Act, (which corresponds to section 292 of the IPC) explain ‘obscenity’ to mean anything which is lascivious or appeals to the prurient interest or if its effect is to deprave and corrupt persons.
Obscenity as an offence under the Indian Penal Code.
Section 292 of the IPC comprehensively sets out the circumstances in which ‘obscenity’ and / or any ‘obscene’ material is an offence.
According to section 292,
(i) whoever sells, lets to hire, distributes, publicly exhibits or in any manner puts into circulation, or for purposes of sale, hire, distribution, public exhibition or circulation, makes, produces or has in his possession any obscene book, pamphlet, paper, drawing, painting, representation, or figure or any other obscene object whatsoever or
(ii) imports, exports or conveys any obscene object for any of the purposes mentioned in (i) above, or knowing or having reason to believe that such obscene object will be sole, let to hire, distributed or publicly exhibited or in any manner out into circulation, or
(iii) takes part in or receives profits from any business in the course of which he knows or has reason to believe that any such obscene objects are, for any of the purposes mentioned in (i) above, made, produced, purchased, kept, imported, exported, conveyed, publicly exhibited or in any manner put into circulation, or
(iv) advertises or makes known by any means whatsoever that any person is engaged or is ready to engage in any act which is an offence under section 292 or that any such obscene object can be procured from or through any person or
(v) offers or attempts to do any act which is an offence under section 292, is punishable with imprisonment and fine.
Obscenity under the Information Technology Act
Section 67 of the IT Act lays down the law that obscenity is an offence when it is published or transmitted or caused to be published in any electronic form.
The expressions, ‘publishing’ or ‘transmission’ have not been specifically defined under the IT Act, but in Taxmann’s commentary under the IT Act, ‘publishing means making information available to people’.
The commentary also states that ‘transmission’ and not mere possession, of obscene information is an offence. Transmission may be addressed to an intended recipient for his personal use. But that is not relevant. The act of ‘transmission’ is sufficient to constitute an offence under section 67 of the IT Act.
Therefore if any obscene material is published or transmitted in any electronic form it is an offence under section 67 of the IT Act. The provisions of section 67 of the IT Act are therefore similar to section 292 of the IPC where mere possession of the obscene material for ones own personal use may not be construed as on offence, however, it would be advisable to be cognizant of the fact that the prosecution can take a plea of abetment in a case of mere possession.
Although section 292 of the IPC principally deals with obscene material capable of expression in the physical medium such as books, pamphlets, papers, writings, drawings, paintings, representations, and the provisions of section 67 (which correspond to the provisions of section 292 of the IPC as stated above) under the IT Act, deal with computer systems and networks, intangible medium of the internet and electronic communication devices such as the cellular phone handsets, a prosecution can be commenced independently or jointly under both the Acts.
