Prevention of Electronic Crimes Act, 2016

Prevention of Electronic Crimes Act, 2016 — Section 21: Offences against modesty of a natural person and minor

21. Offences against modesty of a natural person and minor.—(1) Whoever intentionally and publicly exhibits or displays or transmits any information which,

(a)superimposes a photograph of the face of a natural person over any sexually explicit image or video; or

(b)includes a photograph or a video of a natural person in sexually explicit conduct; or

(c)intimidates a natural person with any sexual act, or any sexually explicit image or video of a natural person; or

(d)cultivates, entices or induces a natural person to engage in a sexually explicit act, through an information system to harm a natural person or his reputation, or to take revenge, or to create hatred or to blackmail, shall be punished with imprisonment for a term which may extend to five years or with fine which may extend to five million rupees or with both.

(2)Whoever commits an offence under sub-section (1) with respect to a minor shall be punished with imprisonment for a term which may extend to seven years and with fine which may extend to five million rupees: Provided that in case of a person who has been previously convicted of an offence under sub section (1) with respect to a minor shall be punished with imprisonment for a term of ten years and with fine.

(3)Any aggrieved person or his guardian, where such person is a minor, may apply to the Authority for removal, destruction of or blocking access to such information referred to in sub-section

(1)and the Authority, on receipt of such application, shall forthwith pass such orders as deemed reasonable in the circumstances including an order for removal, destruction, preventing transmission of or blocking access to such information and the Authority may also direct any of its licensees to secure such information including traffic data.

This is the text of the provision as enacted. It is legal information, not legal advice, and it cannot account for the facts of your own matter. For advice on your situation, consult a verified advocate.