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Mumbai police raided Mobile repair shops located
at the Indraprastha shopping centre in Borivli, after they were
informed of sale of pronographic material taking place in this area. 27
persons were arrested and booked under Sections 292, 293 (obscenity)
and 34 of the Indian Penal Code and Section 67 of the Information
Technology Act, 2000 and Section 64 of the Copyright Right. But they
were later released on bail yesterday after they were produced in the
Metropolitan’s Magistrate’s court in Borivli.
Magistrate A G Mohabey observed that the
accused were merely downloading the obscene information and not
preparing them and also no complaint has been lodged by any Mobile
customer. Therefore, Section 67 of IT Act was not applicable, Also it
was held that there is no 'copyright on obscenity' and hence no
violation of copyright could be alleged.
Police have have seized
goods amounting to Rs 3 lakhs which included computers, memory card
readers, compact discs, memory cards, mobile phones and other
materials, containing obscene clippings.
FYI - section 67 of IT Act says:
"67. Publishing of information which is obscene in
electronic form. - Whoever publishes or transmits or causes to be
published in the electronic form, any material which is lascivious or
appeal to the prurient interest or if its effect is such as to tend to
deprave and corrupt persons who are likely, having regard to all
relevant circumstances, to read, see or hear the matter contained or
embodied in it, shall be punished on first conviction with imprisonment
of either description for a term which may extend to five years and
with fine which may extend to one lakh rupees and in the event of a
second or subsequent conviction with imprisonment of either description
for a term which may extend to ten years and also with fine which may
extend to two lakh rupees." |