Recent Court Ruling- A session’s court has held that sending messages like, “you are slim, smart and fair” at night to an unknown woman will be considered obscenity by violating personal boundaries and violating privacy. This observation highlights the significance of respecting an individual’s privacy as well as consent when communicating; unasked-for compliments during odd hours could potentially be considered inappropriate and offensive…. — Facts of Case.
The Session’s Court upheld the conviction of a complainant who had been charged with sending offensive WhatsApp messages to a former corporator, as part of an ongoing criminal case.
He was charged and found guilty by the Magistrate Court, receiving a three-month imprisonment sentence. However, this decision was challenged at Sessions Court, alleging political rivalries led to his prosecution and imprisonment sentence.
However, this argument was disregarded by the Session’s Court as there was no proof to back such claims.
Prosecution successfully demonstrated that the messages sent by the complainant were indeed inappropriate and led to the Sessions Judge upholding the judgement of trial court regarding conviction and sentencing.
The Court found no evidence from either party indicating any relationship, and found that their messages violated her modesty.”
Obscenity laws apply.
Obscene material could be controlled in India via two legal provisions.
Section 292 IPC prohibits the sale, distribution, or circulation of any offensive material while Section 354A IPC deals with cases related to sexual harassment including unwanted and sexually discriminatory comments made towards an individual.
Under Section 509 of the IPC:- Acts or words intended to insult a woman’s modesty are crimes. Section 67 IT Act penalises any publication or transmission of obscene material electronically.
These provisions aim to shield individuals from offensive and intrusive messages. For more information regarding obscenity or cases relating to sexual harassments, contact Sharks of Law for help.
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