Sexting is the way of sending partially naked and sexually explicit pictures of yourself through mobile phones or web. The process of sending such pictures is illegal in India. It is considered as a very serious crime according to the LAWS OF INDIA and it will lead to court proceeding. The main consequence of sexting is that such images will be permanently uploaded onto the web and can be used for blackmailing. The other issue is that while you send photos to your friend there will be no guarantee that will the images be sent to other unknown people. The risk is much higher in such situations. We are living in an IT era where in just single click all the information will be reached to our fingertips. Taking pictures of someone without consent when they're on private premises is totally illegal and against morality. There is a whole public morality law in the question '' What to do if someone publishes your new pictures without your consent?" Here are some of sections and laws which will help you to fight against cyber obscene :- 66 A: punishment for sending offensive messages through communication, service excetra. Any person who sends by means of a computer resource or a communication services,
a) any information that is grossly offensive for has menacing character; or b) any information which he knows to be false, but for the purpose of causing annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, hatred or ill will , persistently by making use of such computer resource or a communication device; or c) Any electronic mail or electronic mail message for the purpose of causing annoyance or inconvenience or to deceive or to mislead the addressee or recipient about the origin of such pictures or messages; shall be punishable with the imprisonment for a term which may extend to three years with a fine EXPLANATION: For the purpose of this section terms 'electronic mail' and 'electronic mail message' means a information created or transmitted or received on a computer, computer system, computer resource or communication device including attachments in text, images, video and any other electronic record which maybe transmitted with the message
SECTION 67 OF INFORMATION TECHNOLOGY ACT 2000 PUNISHMENT FOR PUBLICIZING OR TRANSMITTING OBSCENE MATERIAL IN ELECTRONIC FORM WHOEVER PUBLISHES OR TRANSMITTED OR CAUSES TO BE PUBLISHED OR TRANSMITTED IN THE ELECTRONIC FORM ANY MATERIAL WHICH DOESN'T APPEALS TO THE PRUVIENT INTEREST OR IF ITS EFFECT IS SUCH AS TO DEPRIVE AND CORRUPT PERSONS WHO ARE LIKELY, HAVING REGARD TO ALL THE RELEVANT CIRCUMSTANCES, TO READ, TO 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 3 years with the fine which may extend to 5,00,000 rupees and in the event of second or subsequent convection with the improvement of the description for term which may extend to 5 years and also the fine which may extend to 10 lakh rupees
SECTION 67 (A) OF THE INFORMATION TECHNOLOGY ACT 2000
PUNISHMENT FOR PUBLISHING OR TRANSMITTING OF MATERIAL CONTAINING SEXUALLY EXPLICIT ACT IN THE ELECTRONIC FORM: whoever publishers of transmits a causes to be published or transmitted in the electronic form any material which contains sexually explicit act conduct shall be punished on first conversation with imprisonment of a description for a term which may extend to 5 years with the fine which may extend to 10 lakh rupees and the event of second of subsequent conviction with imprisonment of either description for term which may extend to 7 years and also the fine which may extend to 10 lakh rupees.
SECTION 67 (B) OF INFORMATION TECHNOLOGY ACT 2000 PUNISHMENT FOR PUBLISHING OR TRANSMITTING OF MATERIAL DEPICTING CHILDREN AND SEXUALLY EXPLICIT ACT EXCETRA AND ELECTRONIC FORM- WHOEVER:
a) publishers or transmits aur causes to be published or transmitted material in any electronic form which depicts children engaged in a sexually explicit act or conduct or, b) cultivates or induces children to online relationship with one or more children for and on sexually explicit act or in a manner that may offend a reasonable adult on the computer resource or, c) facilitates abusing children online or d) records in any electronic form own abuse or that of others pertaining to sexually explicit act with children, shall be punished on first conviction with imprisonment of either description for a term which may extend to 5 years and with fine which may extend to 10 lakh rupees and in the event of second or subsequent conviction with imprisonment of either description for or a term which may extend to 7 years and also with a fine which may extend to 10 lakh rupees.
Other than these Acts which I have mentioned here; there is:
SECTION 500 IN THE INDIAN PENAL CODE: defines punishment for defamation that is- ''whoever defames another shall be punished with a simple imprisonment for a term which may extend to 2 years, or with a fine, or with both.''
Now here are some example of people who have been in that situation and have shown courage in order to get out of that situation .
MAN GETTING 5 YEARS IN JAIL FOR SHARING NUDE VIDEO OF EX SHOWS INDIA IS WAKING UP TO REVENGE PORN!
In a heartening judgement , a court in Tamluk, East Midnapore, Bengal has sentenced a 23- year old man to five years in jail and slapped him with a fine of rupees 9000 for uploading objectionable pictures and videos of a girl on internet . This is likely to be the first case of REVENGE PORN conviction in INDIA. The Judge has also directed the State Government to treat the 20-year old complainant as a rape survival and grant compensation accordingly. According to the Police, the girl and the convict had been in a relationship for three years . The nude video had been shot by the girl herself on her phone , which the man accessed , He then began blackmailing her, after which she called off the relationship . To extract 'revenge' he uploaded the video clips on various porn sites on May, 2017, to make sure that the girl is recognized, he added her name, her father's name and nicknames to the videos The video first came in notice of the girl's brother , while the distraught girl initially wanted to kill herself , her family gathered the strength to approach the police and press ahead with a legal action. "I would use this occasion to salute the victim, it needed a lot of courage to withstand two days of vigorous cross examination in the court that she faced;" Bivas Chatterjee, special public prosecute for CID," Told, Hindustan Times . With the girl's courage and family support, Law enforcement authorities ensured she received justice , a lot of revenge porn cases do not pan out in the favor of the victim, LAST YEAR IN BENGAL, CLASS 11 STUDENT KILLED HERSELF AFTER HER FORMER BOYFRIEND POSTED THEIR INTIMATE PICTURES ON FACEBOOK. A FEW MONTHS BEFORE THAT, A 21 YEAR OLD IN SALEN COMMITTED SUICIDE AFTER MORPHED PHOTOS OF HER WERE SHARED ON THE SOCIAL MEDIA!
NOW HERE COMES THE MAIN QUESTION;
SO WHAT TO DO IF YOU OR SOMEONE YOU FINDS THEMSELVES IN A SIMILAR SITUATION? So before addressing this question this one thing should be kept in mind: IT IS NOT THE VICTIM'S FAULT! In a deeply patriarchal society like ours, the first reaction usually is: What was the need of clicking such pictures?
Always remember, shame should not stand in the way of a victims quest for justice , In a lot of cases, the accused access or record such pictures without the victim's consent , even if they shared them willingly, it is not the victim who should be ashamed for trusting someone but the perpetrators for abusing that trust in the lowest way possible- turning moments of trust and intimacy into the weapons to harm someone's dignity, privacy and reputation Women often do not approach the police fearing more harassment and humiliation. This needs to change, and can be helped to a great degree by supportive family and friends. Law enforcement agencies to need to be more sensitive as by discouraging victims from coming forward, they are indirectly helping the accused.
ANOTHER EXAMPLE IS:
There was a girl who had sent certain objectionable pictures of hers to a boy she was in love with, the interesting fact was that she was not even 16 and now being blackmailed to keep sending the pictures to him. Death rate was that he would put the pictures online and distribute them among his and her friends as well. The thing is that, this was one of the 10 other cases which are reported on daily basis. So the best advice to give you right away is not to indulge in sending any nude pictures or videos over chats and e-mails that cause problem to you.
THE NEXT EXAMPLE IS OF THE YOUNG GIRL NAMED RIJULA, HER NUDES WERE LEAKED BY HER 18 YEAR OLD BOYFRIEND In 2012, 14 year old girl, RIJULA sat in front of her laptop to login into her Facebook account. She put in her password a several times, but the site kept on suggesting incorrect password, RIJULA REMEMBER THE FIGHT SHE HAD WITH HER 18 YEAR OLD BOYFRIEND NIKHIL OTHER NIGHT AND SUSPECTED THAT HE MIGHT HAVE HACKED INTO HER ACCOUNT AWARE OF HIS VINDICTIVE WAYS. After a few minutes she gets a call from her sister and hears something that will scar her for life, NIKHIL has HACKED into RIJULA's account and uploaded her nude selfies that she has send her on blackberry messenger (BBM), after much of his suggestive persistence or emotional blackmail. RIJULA called all her close friends and asked them to report the picture and the account on Facebook . After a few hours , the pictures was deleted and the account was gone ,but it was deeply marked in RIJULA's memory forever . She still has a hard time coping with this incident and tries to think of it as a nightmare, something she only saw in her dreams
ANOTHER EXAMPLE IS OF A SCHOOL GOING GIRL NAMED REVA! It was the beginning of 10th grade, when Reva met Sid online. After chatting for months, Sid call Reva to his place and immediately made sexual advances which Reva accepted. A few weeks later while walking through the corridor of her school, Reva noticed people slyly smirking at her almost as if they were gossiping about her, which they were. Sid had made a video of Reva giving him blowjob, stating "it's for personal use" which later he put on the p*** sites to earn some money it became popular and kids at school caught hold of it and circulated it. Soon Reva came to know about it and she talked to her parents and police. With the help of cyber security cell the video was taken off. It came as a a great shock to Reva, how Sid betrayed her, but more than the feeling of betrayal, the feeling of shame Where's what will haunt her. She had to leave her school and couldn't look in the eyes of her parents and friends, even though she was a victim of a heinous cyber crime. This girls about whom I have written are the true survivors , these girls were pushed to fall in this dark situation but with the support of their family and strength they were anyhow able to withstand the situation . These example clearly shows that every problem has its solution so whenever you fall in such a situation always look out for a solution in order to minimize the level of loss. Above all according to me what I feel is every person on this surface of the earth have the same body so there is nothing to be shameful about ! Those people who share such stuff in order to cause damage to the reputation of the person or to take revenge should be shameful and they should be punished by law as soon as possible . The Right To Privacy is the power to choose who has access to our personal information and under what circumstances . We can exercise this right through the informed choice of the communication technologies we use. Protecting our communications and date should be priority. Encryption tools and digital security strategies are available online , for free and easy to use but a sense of self preservation is something we should inculcate in today's world , to keep cyber monsters at bay.
CONCLUSION OF THE BLOG- At the end of the day , there is no safe way to send a sexual picture , you can't control who sees a photo of your to someone else once it has been sent by text , email it posted online .
THE BEST WAY TO STAY SAFE IS - a) Don't take, send or store a sexual photo or video of anyone under 18. b) If you receive a sexual picture of someone who you don't know is under 18 or looks like under 18, don't share it and do delete it i immediately; and, c) If you're worried about a picture that's already out there , talk about it to a adult you trust!