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Is it illegal to pay for nude female photos and real escort service in India Is it illegal to pay for nude female photos and real escort service in India

1 month ago

I got scammed in Feb 2020 by someone posing as real female escort on WhatsApp chat. They first took 200rs from me and sent a few nude pictures of a female. Afterwards, I asked for real meet and then they asked for money and kept asking until they had got 6000rs. At that point, I realised they were scamming me. Then they blocked me. I recently complained on cyber crime website anonymously. I sent full transcript of my WhatsApp chat without sharing my number or the nude female photos. I also shared screenshots of the payments made from my payment app. My account number was partially visible (only last 4 digits) but transaction number was visible completely. Will I get charged with any breaking any laws for making such payments even though I got scammed?

Anik

Responded 3 weeks ago

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A.Dear Client,

Viewing or sharing any form of pornography, including child pornography, on digital platforms is illegal under Section 67B of the Information Technology Act, 2000. The punishment for first-time offenders includes up to five years in prison and a fine of up to ten lakh rupees, with subsequent convictions carrying harsher penalties of up to seven years' imprisonment and the same fine. Section 66A also addresses sending offensive messages online, punishable by up to three years' imprisonment and a fine. Sharing private content, especially involving minors, without consent violates privacy laws and is subject to legal action. Cyber Crime Cells investigate such offenses, calling individuals for interrogation to determine involvement. If found guilty, charges are pressed; otherwise, individuals are acquitted.
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Vidhi Samaadhaan Vidhi Samaadhaan

Kishan Dutt Kalaskar

Responded 1 month ago

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A.Dear Sir,
Both sides are at fault and it invites criminal offences. Better to stop such activities and not to involve in such activities.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 1 month ago

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A.Dear Client,
Viewing pornography either child pornography or adult in digital devices on social media platforms is illegal and a crime punishable under law. Sec.67B of the Information Technology Act, 2000 was added through an amendment in 2008 that criminalizes the publishing, transmitting, or causing the transmission of sexually explicit content depicting children. The punishment for violating this section on the first conviction is imprisonment for up to five years and a fine of up to ten lakh rupees. On subsequent convictions, the punishment can extend up to seven years of imprisonment and a fine of up to ten lakh rupees. Section 66A defines the punishment for sending offensive messages through a computer or any other communication device like a mobile phone or tablet and a conviction of it can fetch a maximum of three years of jail and a fine. Sharing private pictures, messages or videos especially of those under 18 either belonging to you or others with/without permission is a serious violation of privacy and is punishable by law. Once such a crime of violation of Sec.67B of I T Act, is reported to the Cyber Crime Cell, the matter is suo motto investigated by the authorities and you may be called on for interrogation to access the source of such offensive posts on social networks and to find out the veracity of the facts from the related intermediaries or service providers. On investigation, if they find you are in any way violating the provision of the Act, you can be booked for committing the crime, otherwise, you will be acquitted of the charges.
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