BNS Section 308 - Cyber Pornography

Whoever publishes, transmits, or causes to be published or transmitted in electronic form, any material which is obscene or pornographic.

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Bailable, Cognizable

Official Text

Whoever publishes, transmits, or causes to be published or transmitted in electronic form, any material which is obscene or pornographic.

Legal Analysis

Elements to Prove:

  • Publishing or transmitting material.
  • In electronic form.
  • Obscene or pornographic content.

Potential Defenses:

  • No obscene content.
  • Legitimate material.
  • Authorized publication.

Practical Examples

What Constitutes the Offense:

Sharing pornographic content online, distributing obscene material, cyber pornography.

What Doesn't Constitute:

Legitimate content, authorized material, or lawful publications.

Punishment

Imprisonment up to 5 years, and Fine