Contributed by Deepak Miglani
If a customer who visits an Internet Cafe downloads any
obscene material for personal viewing on the terminal that is assigned to him
and the Internet Cafe owner is aware of this, it is a serious offence that the
owner can be held liable for under Section 292 of the Indian Penal Code(I.P.C.), read with Section
67 of the Information Technology Act.
For an offence under Section 292 of I.P.C., it is usually imprisonment (simple or rigorous) on the
first conviction for a term that may comprise up to two years, and with fine
which may extend up to two thousand rupees. If this is a second conviction or
more than that, it will be most likely imprisonment (simple or rigorous) for
about five years, with fine which may extend to five thousand rupees.
For an offence under Section 67 of the I.T. Act on first conviction, the punishment is imprisonment
(simple or rigorous) for up to five years, with fine which may extend to one
lakh rupees. In second or other convictions, the imprisonment (simple or
rigorous) can extend up to ten years, also with fine which may extend to two
lakh rupees.
It is advisable for Internet Cafe owners to set up some
effective hardware or software that prevents customers from accessing or
viewing any obscene websites. Further, display clear disclaimers that inform
customers about this policy. Customers should be made aware that obscenity is
an offence which is taken seriously and is punishable with imprisonment under
Indian cyber laws. If customers persist in viewing and downloading obscene
materials despite adequate warning, they will be personally responsible and the
cafe owner will not be considered liable.
Regards
Team, Legal Point Foundation
For any Legal query :
Deepak Miglani
Advocate(09958086337, 09215514435)
Legal India –A
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