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Cyber Crime

(Querist) 01 February 2011 This query is : Resolved 
Hello Sir/Madam,
I am a graduate student, In my friend circle we had a debate, on 'Cyber Law in India'. One of the arguments were that, watching porn videos through internet(sites) are punishable offence. Is it true or false.
Parthasarathi Loganathan (Expert) 01 February 2011
If it is made a punishable offence then another section of law will contest on the pretext of Right to Privacy. Where is the solution?
Kirti Kar Tripathi (Expert) 01 February 2011
No, if it watched privately, it is not an offence nor it is punishable.
Guest (Expert) 01 February 2011
I agree with Mr. Kirti Kar Tripathi.
Arvind Singh Chauhan (Expert) 01 February 2011
I am of the same opinion as of Kirti Sir.
mahendrakumar (Expert) 02 February 2011
I remember reading in news papers that,even watching the same from your computers is a punishable crime under the law.

hope someone clear it.

I have not gone through the said law.
Sanjeev Panda (Expert) 02 February 2011
Browsing or downloading of child pornography is punishable under Section 67B Information Technology Act, 2000. The offense is considered serious and is cognizable and non bailable as per section 77B IT Act, 2000.
Jainodin shaikh (Expert) 02 February 2011
Personal viewing of porn site on internet is not an offence! I think there is lattest rulling available on this point (sorry, cant recall); but transmission of downloaded webpage or content to other persons is a punishable offence.
malipeddi jaggarao (Expert) 03 February 2011
This is a repeated query and in the previous replies experts took the stand of Mr.Kirti Sir.
Team (Querist) 03 February 2011
Thanks every one for sparing time on this, I hope some one will bring a strong answer with a strong reference.
Thank you
Ajay Bansal (Expert) 04 February 2011
Agreed with Kirti.
mahendrakumar (Expert) 05 February 2011
I wish someone bring the correct legal position with some judgements or act in this,rather,than simply with I support.
Kirti Kar Tripathi (Expert) 08 February 2011
See the following news item
Justice Vijaya Kapse-Tahilramani of the Bombay high court on Wednesday quashed obscenity charges against top customs officers who were arrested following a police raid at a bungalow in Lonavla in 2008. Merely viewing an “obscene” film in the privacy of a house is not obscenity as defined under Indian criminal law, the court ruled.

The customs officers were raided while allegedly watching a pornographic film on a laptop and dancing with bar girls, the police had claimed.

“Simply viewing an obscene object is not an offence,” Justice Tahilramani said. “It becomes an offence only when someone has in possession such objects for the purpose of sale, hire, distribution, public exhibition or putting it into circulation. If the obscene object is kept in a house for private viewing, the accused cannot be charged (for obscenity).”

The court held that the private viewing of an obscene film on a laptop in a bungalow was not tantamount to public exhibition.

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