Google India Private Ltd vs M/S. Visakha Industries on 10 December, 2019
Equivalent citations
electronic record the protection and effect of Section 79 cannot be
ignored and negated. Section 292 IPC makes sale of obscene books ... offence pertaining
to electronic record falls within Section 67 of the IT Act, whereas,
Section 292 IPC deals with an offence of obscenity
matter contained or embodied in it." Thus sub
Section 1 to Section 292 IPC gives a clear idea as to what is meant ... under Section 292 IPC the definition of obscenity
under 292(1) IPC can be applied in a prosecution under Section
294 IPC
court has refused to attest the compromise for the
offence under Section 292 IPC, Section 67 I.T. Act and Section ... possibility of conviction of the petitioner for the offences
punishable under Section 292 IPC, Section 67 I.T. Act and Section
4/6 Women
herein has faced trial for the commission of offence under
section 292 Indian Penal Code (hereinafter referred to as the IPC ). Briefly ... section 292 IPC. Section 292 (1) defines what is considered to
be obscene. Section 292 (2) IPC penalizes certain activities with respect
prima facie case, charges under Sections 63
and 68-A of Copy Right Act and Section 292 IPC were framed against the
petitioners ... accused-petitioners were convicted under
Sections 63, 68-A of Copy Right Act and Section 292 IPC vide judgment
dated 20.5.2010 passed
publication of obscene material etc.
MSM,J
WP_17635_2019
9
Section 292 of I.P.C. deals with punishment for sale of
obscene books ... Maharashtra2". In the said judgment, the Apex Court held that
Section 292 of I.P.C. required any material to be taken
appellant who has been discharged under
Section 67 of the IT Act could be proceeded under
Section 292 IPC."
After an elaborate discussion ... been made out under Section
67 of the IT Act, yet the appellant could be proceeded
under Section 292 IPC."
20. Thus
make it
obscene, punishable under Section 294(b) IPC, it must satisfy the
definition of obscenity. Section 294 IPC does not define obscenity ... under Section 292 IPC the
definition of obscenity under 292(1) IPC can be applied in a prosecution
under Section 294 IPC
2010 FOR
THE OFFENCES PUNISHABLE UNDER SECTION UNDER
SECTION 498, 292 OF IPC .
RESERVED FOR JUDGMENT ON :.11.07.2019
JUDGMENT PRONOUNCED ON : 17.07.2019
2
THIS ... fine
of Rs.1,000/- for commission of offence under Section
292 of IPC read with Section 4 of the Indecent
Representation of Women