Sirs,
A person takes a naked photo of a lady and Sends it to her alone, & not to anyone else. whether it amounts to " transmitting /Publishing " u/s 67 A of information Technology Act ? or , Is it necessory to transmit it to third persons, to attract 67 A IT Act ?
Salil Kumarp
Whoever publishes or transmits or causes to be published or transmitted in the electronic form any material which contains s*xually explicit act or conduct shall be punished on first conviction with imprisonment of either descripttion for a term which may extend to five years and with fine which may extend to ten lakh.
A repeat offender gets seven years in jail and a fine of Rs.10 lakh
