Law on Pornography!!!

Obscenity – personal viewing – Is it an offence

From a plain reading of Section 292 of the IPC it appears that if a person is in mere possession of the obscene material for his personal use without any intention to perform any of the purposes specified in section 292 (as stated above) it may not be an offence under section 292. In the case of Jagdish Chavla and others v/s the State of Rajasthan, 1999 CR LJ 2562 (Raj), the accused was caught viewing an obscene film on the television with the help of a VCR which along with the cassette was seized and a case under section 292 of the IPC was registered. The accused filed a petition in the High Court for quashing of the proceedings and it was held that simply being in possession of a blue film could not make a person guilty under section 292 unless it was further proved that the purpose of keeping the same was selling or letting it on hire. Therefore without proving the purpose of keeping the same no offence mentioned in section 292 was made out and the proceedings were quashed. The law therefore excludes from liability (under section 292) the mere possession of obscene material for ones own personal use without any intention to perform any of the purposes specified in section 292.

However, it would be prudent to be aware that a prosecution may lie for mere possession of obscene material also. It could be argued that a person, even though he is in mere possession of the obscene material which may be for his own personal use, actually aids and abets the publication, sale, hire, distribution etc of the obscene material, which is an offence under section 292. And under section 111 of the IPC, the abettor is held to be equally guilty of the offence which he has abetted provided it is proved that the offence is a probable consequence of the abetment.

Cyber Defamation!!!

This occurs when defamation takes place with the help of computers and / or the Internet. E.g. someone publishes defamatory matter about someone on a website or sends e-mails containing defamatory information to all of that person's friends.In a recent occurrence, Surekha (names of people have been changed), a young girl was about to be married to Suraj. She was really pleased because despite it being an arranged marriage, she had liked the boy. He had seemed to be open-minded and pleasant. Then, one day when she met Suraj, he looked worried and even a little upset. He was not really interested in talking to her. When asked he told her that, members of his family had been receiving e-mails that contained malicious things about Surekha's character. Some of them spoke of affairs, which she had had in the past. He told her 168 that, his parents were justifiably very upset and were also considering breaking off the engagement. Fortunately, Suraj was able to prevail upon his parents and the other elders of his house to approach the police instead of blindly believing what was contained in the mails.During investigation, it was revealed that the person sending those e-mails was none other than Surekha's stepfather. He had sent these e-mails so as to break up the marriage. The girl's marriage would have caused him to lose control of her property of which he was the guardian till she got married.

The Information Technology Amendment Bill, 2006

The Information Technology Amendment Bill, 2006 is available at the
www.manupatra.com webpage. (No Login Required)

Alternative download from the following link,
http://apargupta.googlepages.com/The20Information20Technology20Amendm.pdf

Cyber Spoofing!!!

A spoofed email is one that appears to originate from one source but actually has been sent from another source.

E.g. Pooja has an e-mail address pooja@yahoo.com. Her enemy, Sameer spoofs her e-mail and sends obscene messages to all her acquaintances. Since the e-mails appear to have originated from Pooja, her friends could take offence and relationships could be spoiled for life.

Email spoofing can also cause monetary damage. In an American case, a teenager made millions of dollars by spreading false information about certain companies whose shares he had short sold. This misinformation was spread by sending spoofed emails, purportedly from news agencies like Reuters, to share brokers and investors who were informed that the companies were doing very badly. Even after the truth came out the values of the shares did not go back to the earlier levels and thousands of investors lost a lot of money.

Cyber Pornography!!!

This would include pornographic websites; pornographic magazines produced using computers (to publish and print the material) and the Internet (to download and transmit pornographic pictures, photos, writings etc).

Recent Indian incidents revolving around cyber pornography include the Air Force Balbharati School case. A student of the Air Force Balbharati School, Delhi, was teased by all his classmates for having a pockmarked face. Tired of the cruel jokes, he decided to get back at his tormentors.

He scanned photographs of his classmates and teachers, morphed them with nude photographs and put them up on a website that he uploaded on to a free web hosting service. It was only after the father of one of the class girls featured on the website objected and lodged a complaint with the police that any action was taken.

In another incident, in Mumbai a Swiss couple would gather slum children and then would force them to appear for obscene photographs. They would then upload these photographs to websites specially designed for paedophiles. The Mumbai police arrested the couple for pornography.

Financial Crimes!!!

This would include cheating, credit card frauds, money laundering etc.

To cite a recent case, a website offered to sell Alphonso mangoes at a throwaway price. Distrusting such a transaction, very few people responded to or supplied the website with their credit card numbers. These people were actually sent the Alphonso mangoes.

The word about this website now spread like wildfire. Thousands of people from all over the country responded and ordered mangoes by providing their creditcard numbers. The owners of what was later proven to be a bogus website then fled taking the numerous credit card numbers and proceeded to spend huge amounts of money much to the chagrin of the card owners.

Types of Cyber Crimes!!!

Hi

1. Financial crimes
2. Cyber pornography
3. Sale of illegal articles
4. Online gambling
5. Intellectual Property crimes
6. Email spoofing
7. Forgery
8. Cyber Defamation
9. Cyber stalking

and many more ....

to know more about these crimes please ask!!!

City gets cyber security research centre

Hello friends

Giving Information Technology an edge in the field of cyber security and research, the Chandigarh Administration, in collaboration with NASSCOM and Punjab Engineering College (PEC), has established India’s first Regional Cyber Security and Research Centre (RCSRC) on the premises of PEC.

This will serve as a nerve center for developing sophisticated technology to safeguarde IT data and also help curb cyber crime across the country.

more @ http://cities.expressindia.com/fullstory.php?newsid=227493

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