Is it legal to circulate videos Is it legal to circulate videos

10 months ago

Is it legal to circulate videos of husband and his extra marital married partner being virtually intimate to unknown people,friends and relatives?

Anik

Responded 10 months ago

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A.Dear client,
This is absolutely illegal. Here are the provisions under IPC that bans the circulation
Section 354(C)– This Section amended by the Criminal Law (Amendment) Act, 2013, states that if any man captures or shares the image of women in private space would be punished with imprisonment which should not be less than one year and may extend up to 3 years and shall also be liable to fine. On subsequent conviction, the imprisonment to not be less than three years and may extend up to seven years and would also be liable for fine.
Section 500– This Section provides for punishment for defamation. The person who defames another is liable to be punished with simple imprisonment for a term that extends to two years or with a fine or both.
Section 504– This Section deals with intentional insults provoking a breach of trust. The punishment under this section extends to up to two years of imprisonment or fine or with both.
Section 506– This Section provides for punishment for criminal intimidation.

Under the Information Technology act, following provisions are relevant
Section 67– The Section deals with punishment for publishing or transmitting obscene material in electronic form. The punishment for the offence extends to three years and with a fine which extends up to 5 lakh rupees. In case of subsequent conviction, the punishment can extend up to 5 years and fine up to 10 lakh rupees.
Section 67A– The Section provides for punishment for publishing or transmitting material containing the sexually explicit act, etc. in electronic form. The punishment for the offence extends to 5 years and with a fine which extends up to 10 lakh rupees. In case of subsequent conviction, the punishment can extend up to 7 years and fine up to 10 lakh rupees.
Section 67B– This Section provides for punishment for publishing or transmitting material depicting children in the sexually explicit act, etc, in electronic form. The section aims to forbid all publication, distribution, facilitation and consumption in any manner of child pornography.
Section 66E– The Section mentions punishment for violation of privacy. This section forbids capturing, transmitting and publishing the image of a person without consent when he/she didn’t expect anyone would capture their image.

Please consult a lawyer and file a complaint under the relevant sections
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