Surfing of porn website-Whether punishable under IT Act

Advocate

Whether the surfing, downloading, browsing of p*rnographic content from the p*rn website is a punishable offence under the Information Technology Act?

 
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Advocate Chennai. Formerly Civil Judge. Mobile.09444261613

No. Mere surfing or downloading for personal use is not an offence.


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Advocate

You are right the browsing; surfing of p*rnographic content on internet is not a punishable offence as far as it is not related to child p*rnographic content. However, the browsing, downloading and surfing of child p*rnographic material is a punishable offence under the IT Act. As per the newly inserted Section 67-B, it is illegal to not only create and transmit child p*rnography in any electronic form, but even to browse it. Please go through the wordings of Clause (b) of Section 67B IT Act which says “whoever, 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 s*xually explicit manner”. The punishment for publishing creating, exchanging, downloading or browsing any electronic depiction of children in "obscene or indecent or s*xually explicit manner" is punishable with stringent punishment. Imprisonment is for 5 or 7 years and fine Rs, 5 or 10 lakhs for first and subsequent instances respectively.


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I think a law which makes surfing and downloading for personal purposes anything is itself highly unjust and insane. There are a number of decisions of the American Courts where info relating to making of atom bomb even was considered to be accessible under freedom of speech. Is child p*rnography more dangerous than that? To know how child p*rnographers abuse is also a right of a human rights activist and for that at least he has to browse the net. So mindless legislation has to be mercilessly struck down by superior courts.

 
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"Superior" courts in India in many cases behave like wet cats, as if they are servants and supporters of the executive. What can you expect when principles equity and justice are given three hoots in the Constitution itself? Right to assemble peaceably and arms are two fundamental rights acknowledged by the Constitution. But when you assemble peaceably then you loose your inalieniable fundamental right of self defense(at the best you can use your bare hands) because Constitution chickens out, develelops cold feet and does not trust itself/ citizens about one of the fundamental rights it is acknowledging. Rather it blindly trusts the State so that if State wants, it can conduct something like Jallianwala Bagh massacare. To understand further you may read this http://www.lawyersclubindia.com/forum/RKBA-guaranteed-under-Articles-19-and-21-of-Constitution-36011.asp

 
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Mr. Democratic Indian, I found your piece on Right to bear Arms and Arms Act interesting. I am also Editor, LAW ANIMATED WORLD, a world law fortnightly published from Hyderabad. Visit our blog: http://lawanimatedworld.blogspot.com/ to know more about our journal. More particularly, we are bringing out a special issue of the journal this November (October Revolution Special) and would like to publish interesting and even controversial articles in it. If you can send that drafted (updated) as an article, with your real name and passport size photo, to my e-mail address mksharma55@gmail.com or to the e-mail address given in our blog, I am willing to publish it in the special issue since that topic is to my heart. Actually when I started my practice first I wanted to file a writ in that regard even, but for so many reasons could not do that. Nowadays even if you have a chakoo in your pocket, you are considered an offender under Arms Act!

 
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Advocate

This very posting reminds me of Liquor prohibition in Indiq.

 
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Sir I appreciate and welcome your comments, please feel free to publish the contents in any way or form you feel like. Everyone may feel free to use the contents of that post at http://www.lawyersclubindia.com/forum/RKBA-guaranteed-under-Articles-19-and-21-of-Constitution-36011.asp or the contents at my blog at http://www.lawyersclubindia.com/blog/show_blog.asp?member_id=85234 or edit/ add/ subract/ modify the contents for whatever use they want. I do not make any kind of kind copyright or ownership claim on the contents in any way or form. Even Allahabad High Court has said in its recent judgment that RKBA forms part of Article 21, it may be read at http://www.lawyersclubindia.com/forum/Allahabad-high-court-says-rkba-part-of-article-21-44153.asp

If one applies legal mind, will find that many sections of Arms Act/Rules, Explosives Act/Rules are ultra vires. In light of the facts that arms are guaranteed as fundamental rights, if one applies mind to analyze Arms Act 1959, besides being violative of other Articles of the Constitution, is also violative of Article 20(3) against self incrimination. A similar case was decided by US Supreme Court in HAYNES vs UNITED STATES, 390 U.S. 85 (1968). Judgment can be read at http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=US&vol=390&invol=85 The judgment is also discussed in layman's language at http://www.nraila.org/Issues/Articles/Read.aspx?id=22&issue=006

Those who want to file a writ in High Court or Supreme Court, related to this matter may feel free and may also contact NAGRI to get drafts written by eminent lawyers including Shanti Bhusan. One may refer this link http://indiansforguns.com/viewtopic.php?f=4&t=15631#p152378

 
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If browsing p*rno is not illegal except child prognography in private in India, then by which Act India  has ban more than 800 p*rno site ?

 
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If browsing p*rno is not illegal except child prognography in private in India, then by which Act India  has ban more than 800 p*rno site ?

 
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