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Showing contexts for: Sexual explicit content in Ekta Kapoor vs State Of M.P. on 11 November, 2020Matching Fragments
18. In its reply, the State further submits that the Information and Technology Act, 2000 was brought in force with an aim to curb and penalize the publication of sexually explicit contents in electronic media. Section 67 of the said Act deals with punishment for publishing or transmitting such obscene material in electronic form. A bare perusal of Section 67 of IT Act makes it very clear that any material which is sexually explicit cannot be circulated or transmitted through cyber space. The word 'obscene' has not been defined clearly under IPC or any such other law and hence the recourse will have to be taken to the judgments passed by the Hon'ble Supreme Court on various occasions upon the subject matter. The Hon'ble Apex Court has adopted two tests initially in order to see if the contention would be categorized as obscene, the first test is Hicklin test and the second ... 20 ... M.Cr.C. No.28386/2020 test is Roth test.