Question 5 OR (a) part ii
Obscene material
3 marks
- Time to write
- About 6 minutes
From an older CBCS paper
Question
Question 5 OR (a) part ii · 3 marks- Explain the meaning of publishing or transmitting obscence material in electronic form, and the punishment for it.
Reworded from the university paper; the task is the same. The original paper belongs to the University of Delhi. See DU's question bank.
Before you write
Read off the question and its marks
Read from the question
- ExplainEach point stated, then explained in a line or two.
What the paper leaves open
Item (i) prints a statement with no instruction; it is read as asking for a comment on the statement. This older-course question examines the Information Technology Act, 2000, which the current UGCF Business Laws syllabus does not name; it is answered as printed. Marked as one question of 9 marks; answered here in 3 parts of 3 marks each (marks inferred).
Write it in this order
- 1 (ii) Publishing or transmitting obscene material in electronic form 3 marks 6 min
Try it first. About 6 minutes for 3 marks. Write it out, then open the solution.
Solution
Hover or tap a marked figure, like 72,000, to see how it is made and where else it appears.
(ii) Publishing or transmitting obscene material in electronic form (section 67). The offence is committed by anyone who puts obscene material into electronic circulation, whether he publishes or transmits it himself or has someone else do so.
What counts as obscene. Material is obscene if it is lascivious or appeals to prurient interest, or if its effect is such that it tends to deprave and corrupt the people likely to see, read or hear it, having regard to all the circumstances.
Punishment. The penalty grows with repetition: a first conviction can bring up to three years' imprisonment of either description and a fine of up to five lakh rupees; a second or later conviction up to five years and up to ten lakh rupees.
Example. A person who forwards to a WhatsApp group a video that is lascivious, of the kind section 67 describes, commits the offence by transmitting it, even though he did not make it. (Material showing sexually explicit acts falls under the separate and more severely punished section 67A.)
Where the 3 marks sit
| # | Component | Marks |
|---|---|---|
| 1 | (ii) Publishing or transmitting obscene material in electronic form | 3 |
| Total | 3 |
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