Story:
Vaid was charged under section 292 of Indian Penal Code and section 67 of the Information Technology Act because he created a profile and then posted content in vulgar language about Sonia Gandhi in the community. (Click on the links to see the laws).
During investigations, the cyber crime cell of Pune police communicated with Google seeking details about the man who formed this forum and circulated the obscene content. It was known that the vulgar message about Sonia Gandhi was circulated through an email address ? Rahulvaidindia@gmail.com . The owner of the email id Rahul Vaid was traced, using information supplied by Google, to Chakarpur in Gurgaon city of Haryana.If he's convicted, he can be imprisoned for up to five years and may have to pay a fine up to Rs one lakh.
What is obscene in this case ?A writing, shall be deemed to be obscene if it is lascivious or appeals to the prurient interest to tend to deprave and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it.
Who can be charged?
Whoever distributes, publicly exhibits or in any manner puts into circulation, or has in his possession any obscene book, pamphlet, paper, drawing, painting, representation or figure or any other obscene object whatsoever
What are the charges under the Penal Code?
Shall be punished on first conviction with imprisonment of either description for a term which may extend to two years, and with fine which may extend to two thousand rupees, and, in the event of a second or subsequent conviction, with imprisonment of either description for a term which may extend to five years, and also with fine which may extend to five thousand rupees.
What is section 67 IT Act?
Publishing of information which is obscene in electronic form. - Whoever publishes or transmits or causes to be published in the electronic form, any material which is lascivious or appeal to the prurient interest or if its effect is such as to tend to deprave and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it, shall be punished on first conviction with imprisonment of either description for a term which may extend to five years and with fine which may extend to one lakh rupees and in the event of a second or subsequent conviction with imprisonment of either description for a term which may extend to ten years and also with fine which may extend to two lakh rupees.
Moral of the Story : The Jungle Rule - Survival of the fittest
The definition of the word obscene can be interpreted in many ways. So just be safe and don't bullshit with powerful people who can misuse their authority and influence corporations. When there are 1000's of porn profiles and hate communities and harassment cases on Orkut which are complained but totally ignored.
Contact:
Ms. Sonia Gandhi
10, Janpath,
New Delhi - 110 011Â
soniagandhi@sansad.nic.in
Related: Top 5 MOST HATED Bollywood Celebs on Orkut
Reference:
CNN: Boy held for slandering Sonia on OrkutTOI: One held for posting obscene Orkut message on Sonia
VNU: Google hands over user information in India
RATE IT: (1) Sucks (2) Stupid (3) Kewl (4) Rad (5) Wicked