Table of cases

Shreya Singhal v. Union of India 2015

Bengal Immunity co. V. state of Bihar, das
State Of Tamil Nadu v/s Suhas Katti (2004)
Nasscom vs. Ajay Sood & Others
Sanjay Kumar vs State Of Haryana on 10th Jan, 2013 CRR No.66 of 2013
(O&M) 1
Avnish Bajaj v State (N.C.T.) of Delhi (2005) 3 Comp LJ 364 (Del)
Fatima Riswana v. State Rep. by ACP., Chennai & Ors AIR 2005 712.
S.Sekar v The Principal General Manager (Telecom) (B.S.N.L.)

Jurisprudence of cyber law

Jurisprudence studies the concept of law and the effect of social norms and
regulations on th development of law. jurisprudence refer to two different things
(1) the philosophy of law, or legal theory
(2) case law
Legal theory does not study the characteristics of law in a particular country(eg. india
or canada) but studies law in general i.e those attributes common to all legal system.
Legal theories studies questions such as:

what is law and legal system?

How should we understand concepts like legal rights and legal obligations or
duties

what is proper function of law?

What sort of acts should be subject to punishment and what sorts of

punishment should be permitted?

Does every society have a legal system?

what is justice?

what rights do we have?

Is there a duty to obey the law?

what value does the rule of law have?

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There are various theories in legal jurisprudence. According to the natural law theory
of jurisprudence, all laws enacted by an authority must closely correspond to natural
law, which is based on morality and the concept of 'general goods'. Laws prohibiting
or regulating child pornography have emerged from the fact that in general human
being find this type of pornography against public morality and decency.
According to legal positivism laws are made in accordance with socially accepted
rules. This view believes that laws may seek to enforce justice, morality, or any other
normative end, but their success or failure in doing so does not determine their
validity. This view believes that law is nothing more than a set of rules to
provide order and governance in society.
It was established way in 1854 in England that
"......... for the sure and true interpretation of all Statutes in general (be they penal or
beneficial, restrictive or enlarging of the common law) four things are to be discerned
and considered :1st. What was the common law before the making of the Act.,
2nd. What was the mischief and defect for which the common law did not provide.,
3rd. What remedy the Parliament hath resolved and appointed to cure the disease of
the Common wealth., and
4th. The true reason of the remedy; and then the office of all the judges is always to
make such construction as shall suppress the mischief, and advance the remedy, and
to suppress subtle inventions and evasions for continuance of the mischief, and pro
privato commodo, and to add force and life to the cure and remedy, accordingto the
true intent of the makers of the Act, probono publico".
Case law is the law that is established through the decisions of the courts and other
officials. Case law assumes even greater significance when the wordings of a
particualr law are ambiguos. the interpretation of the courts helps clarify the real
objectives and meaning of such laws.
State decisis (what is taken from the lating phrase stare decisis et quieta movere which
means "maintain what has been decided and do not alter that which has been
established") is the legal principle by which judges are obliged to obey the precedents
established by prior decisions.
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The relevance of the principle of stare decisis has been discussed by many courts.
In Bengal Immunity co. V. state of Bihar, das
There is nothing in our Constitution which prevents us from departing from a previous
decision if we are convinced of its error and its baneful effect on the general interests
of the public

What is cyber law

In order to arrive at an acceptable definition of the term cyber law, we must first
understand the meaning of term law.
Simply put, encompasses the rule of conduct that have been approved by the
government and which are in force over a certain territory and which must be obeyed
by all persons on that territory. Violation of these rules will lead to government action
such as imprisonment or fine or an order to pay compensation.
The term cyber or cyberspace has today come to signify everything related to
computers, the internet, websites,data,emails,network, software, data storage
devices(such as hard disks, usb disks etc) and even electronics devices such as cell
phones,ATM machines etc. thus a simplified definition of cyber law is that it is the
"Law governing cyber space". The issues addrsses by cyber law includes:

Cyber crime

Electronic commerce

Intellectual property in as much as it applies to cyberspace

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Data protection and privacy

The first comprehensive international effort dealing with the criminal law problems of
computer crimes was initiated by the ORGANISATION FOR ECONOMIC COOPERATION AND DEVELOPMENT (OECD)

The minimum list of offences for which uniform criminal policy on legislation
concerning computer related crimes had been achieved enumerates the following
offences:
1. COMPUTER FRAUD- The input, alteration, erasure or suppression of
computer data or computer programs, or other interference with the courses of
data processing that influences the result of data processing, thereby causing
economic or possessory loss of property of another person with the intention
of procuring an unlawful economic gains or for another person
2. COMPUTER FORGERY- The input, altercation erasure or suppression of
computers data or computer programs. or other interference with the course of
data processing in a manner or under such conditions, as prescribed by
national law that it would constitute the offence of forgery if it had been
committed with respect to a traditional object of such an offence
3. DAMANGE TO COMPUTER DATA OR COMPUTER PROGRAMSThe erasure, damaging deteriorate or suppression of computer program
without rights
4. COMPUTER SABOTAGE-The erasure, damaging deteriorate or suppression
of computer programs or other interference with computer system with the
intent to hinder the functions of a computer or a telecommunication system
5. UNAUTHORISZED ACCESS-The access without right to a computer
system or network by infringing security measures
6. UNAUTHORIZED INTERCEPTION-The interception made without right
and by technical means of communication to form and within a computer
system or network
7. UNAUTHORIZED REPRODUCTION OF A PROTECTED
COMPUTER PROGRAMS-The reproduction distribution or communication
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to the public without rights of a computer program which is protected by law

8. UNAUTHORIZED REPRODUCTION OF A TOPOGRAPHY-The
reproduction without right of a topography protected by law of a
semiconductor product or the commercial exploitation or the importation for
that purpose, done without right of a topography or of a semiconductor
product manufactured by using the topography

THE OPTIONAL LIST RELATED TO THE FOLLOWING

ALTERCATION OF COMPUTER DATA OR COMPUTER

PROGRAMS-The altercation of computer programs without right

COMPUTER ESPIONAGE-The acquisition by improper means or the

disclosure, transfer or use of a trade or commercial secret without rights or any
legal justification with intent either to cause economic loss to the person
entitled to the secret or to obtain an unlawful economic advantage for oneself
or a third person

UNAUTHORISED USE OF COMPUTERS: The use of a computer system

or network without rights, that either is made with the acceptance of
significant risk of loss being caused to the person entitled risk of loss being
caused to the person entitled to use the system or harm to the system or its
functioning or is made with the intent to cause or harm to the system or its
functioning or causes loss to the person entitled to use system or harm to the
system of its functioning

UNAUTHORISED USE OF A PROTECTED COMPUTER PROGRAM:

The use without right of a computer program which is protected by law and
which has been reproduced without right with the intent either to procure an
unlawful economic gain for.

NEED FOR CYBER LAW

Consider cases where so called CONVENTIONAL CRIMES ARE CARRIED OUT
USING COMPUTERS or the internet as a tool. Consider cases of spread of
pornographic material, criminal threats delivered via emails, websites that defame
someone or spreads racial hatred etc. in all these cases, the computer is merely
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incidental to the crimes. Distributing pamphlets promoting racial enmity is in essence

similar to putting up a website promoting such ill feelings.
of course it can be argued that when technology is used to commit such crimes the
effect and spread of the crime increases enormously. printing and distributing
pamphlets even in one locality is a time consuming and expensive task while putting
up a globally accessible website is very easy.
In such cases it can be argued that conventional law can handle cyber law cases. The
government can simply impose a stricter liability(by way of imprisonment and fines)
if the crime is committed using certain specified technologies. A simplified example
would be starting that spreading pornography by electronic means should be punished
more severely than spreading pornography by conventional means1
As long as we are dealing with such issues, conventional law would be adequate. the
challenge emerge when we deal with more complex issues such as THEFT OF DATA.
Under conventional law theft relates to "movable property being taken out of
possession of someone"2
Movable property is defined by the GENERAL CLAUSES ACT 1897 as " property of
every description, except immovable property". The same law defines immovable
property as "land benefits to arise out of land and things attached to the earth or
permanently fastened to anything attached to the earth".
Using these definitions, we can say that the computer is movable property.
Let us examine a scenario where data is stolen. Consider my personal computer on
which i have stored some information. Let us presume that some unauthorised person
picks up my computer and takes it away without my permission. Has he committed
theft? The elements to consider are whether some movable property has been taken
out of the possession of someone. the computer is a movable property and i am the
legal owner entitled to possess it. The thief has dishonestly taken this movable
1 Section 292 of IPC relates to sale distribution, import, export etc of obsence
book, pamphlets, paper, drawing, painting , representation etc. punishment under
this section is imprisonment upto 2 years and fine upto Rs 2000.
On other hand section 67 of IT act penalizes transmitting publishing etc of
lascivious material by electronic means. Punishment under this section is upto 5
years of imprisonment and fine upto 1 lakh
2 378. Theft.Whoever, intending to take dishonestly any moveable property out
of the possession of any person without that persons consent, moves that
property in order to such taking, is said to commit theft

property out of my possession. It is theft

Now consider that some unauthorised person simply copies the data from my
computer onto pen drive, would this be theft? Presuming that the intangible data is
movable property, the concept of theft would still not apply as the possession of the
data has not been taken from me. I still have the 'original' data on the computer under
my control. The thief simply has a 'copy' of the data. In the digital world the copy and
the original are indistinguishable in almost every case.
Let us take another example on the issue of 'possession' of data. I use the email
account riyaz.ahamd477@gmail.com for personal communication. Naturally a lot of
emails, images, document etc are sent and received by me using this account. The first
question is, who possesses this email account? Is it me because I have the username
and password needed to login and view the emails? Or it is Google Inc. because
emails are stored on their computers?
Another question would arise if some unauthorised person obtains my password. Can
it be said that now that person is also in possession of my emails, because he has the
password to login and view the emails?
Another question would arise if some unauthorised person obtains my password. Can
it be said that now that person is also in possession of my emails, because he has the
password to login and view the emails?
Another legal challenge emerges because of the MOBILITY of data. Let us consider
an example of international trade in the conventional world. Riyaz purchases steel
from a factory in china, uses the steel to manufacture nails in a factory in India and
then sells the nails to a trader in USA. The various governments can easily regulate
and impose taxes at various stages of this business

Now consider that Riyaz has shifted to an online business. He sits in his house in
Lucknow and uses his computer to create pirated versions expensive software. He
then sells this pirated software through a website (hosted in china). People from all
over world can visit Riyazs website and purchase the pirated software. Riyaz collects
the money using a paypal account that is linked to his bank account in a tax haven
country like the cayman island.
It would be extremely difficult for any government to trace Riyazs activities.
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It is for these and other complexities that conventional law is unfit to handle issues
relating to cyberspace. This brings in the need for a separate branch of law to tackle
cyberspace.

Indian cyber law

The primary source of cyber law is the INFORMATION TECHNOLOGIES ACT,
2000 (hereinafter referred to information technologies act) which came inton force on
17th october 2000.
The primary purpose of the information technologies act is to provide legal
recognition to electronic commerce and to facilitate filing of electronic records with
the government.
This act also penalise various cyber crimes and provide strict
punishments(imprisonment terms upto 10 years and compensation up to crores of
rupees).
The INDIAN PEBAL CODE(as amended by the INFORMATION TECHNOLOGIES
ACT) penalizes several cyber crimes. These includes forgery of electronic records,
cyber frauds, destroying electronic evidences etc.
Digital evidence is to be collected and proven in court as per the provision of the
INDIAN EVIDENCE ACT( as amended by the information technology act). In case
of bank records, the provison of the bankers book evidence act(as amended by the
information technology act) are relevant.
Investigation and adjudication of cyber crimes is done in accordance with the
provisions of the code of criminal procedure, civil procedure code and the
INFORMATION TECHNOLOGY ACT.
The RESERVE BANK OF INDIA ACT was also amended by the Information
technology act.
The cyber regulation appellate tribunal(procedure) rules 2000 also came into force on
17th october 2000. These rules prescribed the appointment and working of the cyber
regulations appellate tribunal whose primary role is to hear appeals against orders of
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the adjudicating officers.

2001:
Information Technology (Certifying Authority) Regulations, 2001 came into force on
9th july 2001. They provide further technical standards and procedure to be used by a
certifying authority.
Two important guidelines relating to certifying authorities were issued. The first are
the guidelines for submission of applications for license to operate as a certifying
authority under the information technology act. These guidelines were issued on 9th
july 2001.

2002:
An executive order dated 12th september 2002 contained instructions relating
provisions of the act with regard to protected system and application for the issues of
a digital signature certificate.
Next were the Guidelines for submission of certificates and certification revocation
lists to the Controller of Certifying Authorities for publishing in National Repository
of Digital Certificates. These were issued on 16th december 2002.
The Information Technology Act was amended by the Negotiable Instruments
(Amendments and Miscellaneous Provisions) Act, 2002. This introduced the concept
of electronic cheque and truncated cheques.
2003:
On 17th march 2003, the Information Technology (Qualification and Experience of
Adjudicating Officers and Manner of Holding Enquiry) Rules, 2003 were passed.
These rules prescribe the qualification required for adjudicating officers. Their chief
responsibilities under the IT act is to adjudicate cases such as unauthorised access,
unauthorised copying of data, spread of viruses, denial of service attacks. Disruption
of computers, computer manipulation etc. these rules also prescribe the manner and
mode of inquiry and adjudication by these officers.
The Bombay high court, in its order dated 9th october 2002, directed the central
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government to announce the appointment of adjudicating officers in the public media

to make people aware of the appointments. The division bench of the mumbai high
court consisting of honble justice A.p SHAH and honble justice Ranjana desai also
ordered that the cyber regulations appellate tribunal be constituted within a reasonable
time frame.
2004:
Information Technology (Use of Electronic Records and Digital Signatures) Rules,
2004 have provided the necessary legal framework for filing of document with the
government as well as issues of licenses by the government. It also provides for
payment and reciepts of fess in relation to government bodies. The Information
Technology (Security Procedure) Rules, 2004 came into force on 29th october 2004.
They prescribe provisions relating to secure digital signature and secure electronic
records.
2006:
The Information Technology (Certifying Authorities) Rules, 2000 were amended.

2009:
The Information Technology (Amendment) Act, 2008 which came into force on 27th
october, 2009 has made sweeping changes to the informtion technology act. The
following rules have also come into force on 27th october 2009:
(1) Information Technology (Procedure and Safeguards for Interception, Monitoring
and Decryption of Information) Rules, 2009.
(2) Information Technology (Procedure and Safeguard for Monitoring and Collecting
Traffic Data or Information) Rules,2009
(3) Information Technology (Procedure and Safeguards for Blocking for Access of
Information by Public) Rules, 2009.
(4)the Cyber Appellate Tribunal (Salary, Allowances and Other Terms and Conditions
of Service of Chairperson and Members)Rules, 2009.
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2011:
Information Technology (Reasonable security practices and procedures and sensitive
personal data or information) Rules,2011 passed. These rules define sensitive personal
data or information and from the crux of indias data privacy law.

INFORMATION TECHNOLOGY ACT,2000

Information technology act,2000 came into force on 17th october 2000. It has 94
sections divided into 13 chapters.
According to its preamble, IT act basically seeks to
Provide legal recognition for electronic commerce
To facilitate electronic filing of documents with the governments agencies
To amend the Indian penal code, the indian evidence act 1872, the bankers
book evidence act 1891 and reserve bank of india act, 1934
Promote efficient delivery of government services by means of reliable
electronic commerce adopted by the united nations commissions on
international trade law(UNITRAL)

The major issues addressed by the IT act related to:

ELECTRONIC RECORDS: authentication of electronic records using
digital signature; legal recognition of electronic records and digital signature;
use of electronic records and digital signature in government; retention of
electronic records; publication in electronic gazette; attribution and
acknowledgement of reciepts of electrof onic records, time and place of
dispatch and reciepts of electronic records; secure electronic records, secure
digital signature and security procedure.
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 ESTABLISHING OF AUHORITY: appointment and function of controller

and other officers; establishment, procedure and functioning of cyber appellate
tribunal; adjudicating officers.
CERTIFYING AUTHORITIES: recognition of foreign certifying authority,
functioning and control of certifying authorities; functioning and control of
certifying authorities, digital signature certificate; duties of subscribers such as
generating a private public key pair, acceptance of digital signature certificate
and control of private key.
CYBER CRIMES: penalities for damage to computer and for failure
information; factors to be taken into account by an adjudicating officers;
offences relating to tampering with source code, hacking, cyber-pornographic
disobeying controllers orders unauthorised access to protected systems,
misrepresentation breach of confidentiality and privacy and digital signature
certificate frauds; offences, police powers; liability of network service
providers.
SPECIAL ISSUES: extra-territorial jurisdiction of the IT act; overriding
effects of the IT acts; protection of action taken in good faith.
ADMINISTRATIVE ISSUES: powers of the central and state government
and the controller to make rules and regulation.
AMENDMENTS: amendments to indian penal code, evidence act, reserve
bank of india act and the bankers books evidence act.

EXTENT AND JURISDICTION OF THE IT ACT 2000

To understand the extent and jurisdiction of the IT act, we must examine section 1(2)
and 75 of the act
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Section1(2) of the IT act reads as under:

.(2) It shall extend to the whole of India and, save as otherwise provided in this Act, it
applies also to any offence or contravention thereunder committed outside India by
any person.

75. Act to apply for offence or

Contravention committed outside India.
(1) Subject to the provisions of subsection (2), the provisions of this Act shall
apply also to any offence or contravention committed outside India by any
person irrespective of his nationality.
(2) For the purposes of sub-section(1), this Act shall apply to an offence or
contravention committed outside India by any person if the act or conduct
constituting the offence or contravention involves a computer, computer
system or computer network located in India.
Not only does the IT act apply to the whole of India but also to conventions
committed outside India by anyone , involving a computer located in India
ILLUSTRATION:
Pappu fernandis is an australian national, residing in USA, gains unauthorised access
to a computer located In India and deletes information. In this case, she will be liable
under the provisions of IT act. However there are exceptions to the term anyperson.
Certain persons are exempted from prosecution under IT act. These include the
president of India and the governor of Indian states3 and the ambassadors of foreign
countries4

3 Article 361(2) of constitution of india, states that no ceiminal proceedings

whatsoever shall be instituted or committed against the president or the governor
of a state, in any court during his term of office Article 361(3) states no process
for the arrest or imprisonment of the president or the governor of a state shall
issue from any court during his term of office
4 Term diplomatic immunity is enshrined in the Vienna convention on diplomatic
relations of 1961.

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IMPORTANT SECTIONS OF INFORMATION

TECHNOGY ACT 2000

SECTION 5 LEGAL RECOGNITION OF DIGITAL SIGNATURE:

Section 5 of the Act gives legal recognition to digital signatures. Where any law
provides that information or any other matter shall be authenticated by affixing the
signature or any document shall be signed or bear the signature of any person then,
notwithstanding anything contained in such law, such requirement shall be deemed to
have been satisfied, if such information or matter is authenticated by means of digital
signature affixed in such manner as may be prescribed by the Central Government

SECTION 61 CIVIL COURT NOT TO HAVE JURISDICTION:

No court shall have jurisdiction to entertain any suit or proceeding in respect of any
matter which an adjudicating officer appointed under this Act or the Cyber Appellate
Tribunal constituted under this Act is empowered by or under this Act to determine
and no injunction shall be granted by any court or other authority in respect of any
action taken or to be taken in pursuance of any power conferred by or under this Act

SECTION 62 APPEAL TO HIGH COURT:

Any person aggrieved by any decision or order of the Cyber Appellate Tribunal may
file an appeal to the High Court within sixty days from the date of communication of
the decision or order of the Cyber Appellate Tribunal to him on any question of fact or
law arising out of such order Provided that the High Court may, if it is satisfied that
the appellant was prevented by sufficient cause from filing the appeal within the said
period, allow it to be filed within a further period not exceeding sixty days.

SECTION 65 TAMPERING WITH COMPUTER SOURCE

DOCUMENTS:
Whoever knowingly or intentionally conceals, destroys or alters or intentionally or
knowingly causes another to conceal, destroy or alter any computer source code used
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for a computer, computer programme, computer system or computer network, when

the computer source code is required to be kept or maintained by law for the time
being in force, shall be punishable with imprisonment up to three years, or with fine
which may extend up to two lakh rupees, or with both.

SECTION 66 HACKING WITH COMPUTER SYSTEM:

Whoever with the intent to cause or knowing that he is likely to cause wrongful loss
or damage to the public or any person destroys or deletes or alters any information
residing in a computer resource or diminishes its value or utility or affects it
injuriously by any means, committs Whoever commits hacking shall be punished with
imprisonment up to three years, or with fine which may extend upto two lakh rupees,
or with both.

SECTION 67 PUBLISHING OF OBSCENE INFORMATION:

Whoever publishes or transmits or causes to be published in the electronic form, any
material which is lascivious or appeals 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.

SECTION 74 PUBLICATION FOR FRAUDULENT PURPOSE:

Whoever knowingly creates, publishes or otherwise makes available a Digital
Signature Certificate for any fraudulent or unlawful purpose shall be punished with
imprisonment for a term which may extend to two years, or with fine which may
extend to one lakh rupees, or with both.

CYBER APPELLATE TRIBUNAL

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SECTION 48 ESTABLISHMENT OF CYBER APPELLATE

TRIBUNAL:
The Central Government shall, by notification, establish one or more appellate
tribunals to be known as the Cyber Regulations Appellate Tribunal. The Central
Government shall also specify, in the notification referred to in subsection(1), the
matters and places in relation to which the Cyber Appellate Tribunal may exercise
jurisdiction.

SECTION 49 COMPOSITION OF CYBER APPELLATE

TRIBUNAL:
A Cyber Appellate Tribunal shall consist of one person only (hereinafter referred to as
the Residing Officer of the Cyber Appellate Tribunal) to be appointed, by notification,
by the Central Government.

THE CYBER REGULATIONS APPELLATE TRIBUNAL:

Cyber Appellate Tribunal are created to regulate and supervise the Certifying
Authorities who issue Digital Signature certificates. Cyber Appellate Tribunal provide
for appeal by person aggrieved against an order made by the Adjudicating Officer
under the Information Technology Act.

QUALIFICATIONS FOR APPOINTMENT AS PRESIDING

OFFICER:
A person shall not be qualified for appointment as the Presiding Officer of a Cyber
Appellate Tribunal unless he is, or has been. or is qualified to be, a Judge of a High
Court; or is or has been a member of the Indian Legal Service and is holding or has
held a post in Grade I of that Service for at least three years.

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Case laws

S. Sekar v The Principal General Manager (Telecom)

(B.S.N.L.)
The petitioner is an employee B.S.N.L, working as a Telecom Technical Assistant
(Switch). It so happened that while he was working in SIPCOT MBM Main
Exchange, Keeranur, the B.S.N.L. higher officials suspected him and others for
having committed offences in manipulating the computer system and thereby causing
loss to B.S.N.L. Fir was registered under for the offences under Section 406, 420 and
468 I.P.C. and 43(g) of the Information Technology Act, 2000.
The main thrust of the grievance of the petitioner in this case is that when there is a
special enactment namely, the Information Technology Act, 2000, which is in
operation relating to the alleged misconduct attributed as against the petitioner, there
is no question of invoking the penal sections under the Indian Penal Code, It is also
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his specific plausible argument that section 43(g) of the Information Technology Act,
2000, has been invoked without any basis.
The point for consideration is as to whether the FIR referred to supra, has to be
declared null and void as prayed by the Writ petitioner?
It was held that The Section 43(g) of the Information Technology Act, 2000, invoked
by the police and specified in the FIR is declared void. Accordingly, the Writ petition
is ordered. No costs, connected M.P. is closed.

Fatima Riswana v. State Rep. by ACP., Chennai & Ors AIR

2005 712.
The case relates to exploitation of certain men and women by one of the accused Dr.
L. Prakash for the purpose of making pornographic photos and videos in various acts
of sexual intercourse and thereafter selling them to foreign websites.
The accused facing trail for offences punishable under Section 67 of Information
Technology Act, 2000 r/w Section 6 of Indecent Representation of Women
(prohibition) Act, 1986, Under Section 5 & 6 of Immoral Traffic (Prevention) Act,
1956.

Avnish Bajaj v State (N.C.T.) of Delhi (2005) 3 Comp LJ 364

(Del)
The case is related to the publishing of pornographic material. The accused was
involved in the making and publishing of lascivious material. Sections involved are:
Section 67 of the Information Technology Act, 2000 an offence is committed by a
person who publishes or transmits any material which is lascivious or appeals to the
prurient or transmits any material which is lascivious or appeals to the prurient
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interest. Sections 292 and 294 of the Indian Penal Code have also been mentioned
which contemplate the selling, letting on hire, distribution pr public exhibition of the
absence matter.

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