CYBERCRIME : NEW PROVISIONS
CONTROL IT GUYS
IT law being amended; will it be any better?
VIVEK ASRI | Issue Dated: April 15, 2007
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Sunita (name changed) was filmed by her boyfriend with a camera-mobile in Chandigarh who sent the MMS to some friends. Soon, the obscene video was the talk of the town. She did not file an FIR against the “betrayer” but kept sulking silently because there were not enough legal provisions to prosecute him.
Sunita can now hope for respite from her intense pain as the government plans to amend the law. The amendments in the Indian Penal Code (IPC) propose two years imprisonment and Rs 2 lakh fine for sending
obscene content through a mobile phone or any other electronic device.
The Delhi students’ MMS was the first in a series of such obscene private videos. But not even one of the accused has been convicted. Experts blame the inadequate laws for this. “IT Act 2000 is very ambiguous and lacks specifications. Since it is a technology related issue, specifications are necessary”, says Pawan Duggal, an IT law expert.
The amendments are now with the Parliamentary Standing Committee. Chairman of the Parliamentary Committee on Information Technology, Nikhil Kumar refused to comment and termed it as a confidential matter. However, sources claim that a new chapter is being added to the IPC defining violation of privacy. The proposed amendments will be related to those who film private parts of a person without consent and publish it besides dealing with creation of fake profiles on chat or networking sites.
“I have felt as if some balm has been applied on my wound. Now I would think of filing an FIR against my ex-boyfriend”, Sunita told TSI. But experts like Duggal feel the law is still insufficient to cover all aspects related to cyber or mobile crimes. There is also apprehension of misuse of strict laws by the police. What the government needs to do is to stick to basics of justice – no innocent should be punished and there should be no loopholes that let the offender get away.
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