Obscene Materials and Sexual Harassment

The law punishes different kinds of crimes if obscene material is shared or you face sexual harassment online:

Publishes or distributes obscene material online

If someone publishes or distributes obscene material online, it is considered a crime. For example, if someone publishes pictures of a naked woman. This is punishable((  Section 67, The Information Technology Act, 2000.)) with jail time of up to three years and a fine of up to five lakhs on first conviction, and jail time of up to five years and a fine of up to ten lakhs upon any subsequent conviction.

Publishes or distributes materials that display sexually explicit acts

Further, if someone publishes or distributes materials that display sexually explicit acts, it is also considered a crime. For example, if someone publishes a video of two people engaging in sexual intercourse without their permission, he may be punished under the law. This is punishable(( Section 67A, The Information Technology Act, 2000.)) with jail time of up to five years and a fine of up to ten lakhs on first conviction, and jail time of up to seven years and a fine of up to ten lakhs upon any subsequent conviction.

Showing Pornographic Material

Showing pornographic material to a woman when she does not want to watch it is considered sexual harassment, and is a crime under the law.(( Section 354A, The Indian Penal Code, 1860.)) The punishment for this is jail time of up to three years or a fine or both.

Personal Photos/Videos of You

If someone takes, distributes or publishes your personal photographs or videos without your permission, it is considered a crime. For example, if someone takes pictures of your private parts and publishes them on their Facebook account, they have committed the offence of violation of privacy(( Section 66E, The Information Technology Act.)).  The punishment can be jail time up to three years or a fine up to two lakh rupees or both.

It is also a crime to take, view, or circulate pictures of a woman engaging in private acts. It is known as voyeurism(( Section 354C, The Indian Penal Code.)), and is punishable with jail time of up to 3 years and a fine.

Insulting Religion

If someone intentionally and with malice, says or writes something that insults your religion or religious beliefs, it is considered a crime under the law. For example, if someone insults your religion by calling it unpleasant names through a Facebook post.

These acts are punishable with jail time  of up to three years or a fine or both.(( Section 295A, The Indian Penal Code.))

Account Takeover and Unauthorised Access

If someone takes over your online account, accesses your data or the hardware/software on your computer without your permission, that person is guilty of the offence of unauthorized access(( Section 43(a), The Information Technology Act)). For example, if someone gains access to your Gmail account without your permission. 

The offender is liable to pay you damages/compensation by way of a monetary amount not exceeding one crore rupees. However, it needs to be established that the offender accessed your account dishonestly.(( Section 24 and 25, The Indian Penal Code, 1860.))