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Arrest u/s 67 PDF Print E-mail
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."
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