Prostitution and the IT act
On the 24th of May, The Kolkata edition of The Telegraph carried a story about a woman arrested for selling sex on the internet
Interestingly the woman is booked under the IT act of India because "she used the Internet to sell sexual services" and "if proved guilty faces upto five years in jail"!!
I have been writing about misuse of the IT act for sometime now. The point is that the crime here is the soliciting of sex and not the use of the Internet. The woman should be booked under the relevant articles relating to the soliciting of sex, which is illegal in India ( prostitution is not) first and under the IT act only as a rider.
In India where the average police inspector knows little about technology, an act like the IT act will only be subject to misuse especially when guidelines as to when and where it should be applied are so scant. One hopes that when such cases go to court, the judiciary will shed appropriate light.
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The problem is the
The problem is the government makes lows but dont have enough information about things they restrict.
So, good luck to India, let's wait some time.
to add.....
You are right shri... they want to highlight that misuse of Internet has led to the offence but that is just the via media.... it is akin to advertising for prostitution and the relevant section of the harsher - Indian Penal Code should be imposed. In reality I understand that the person shall be booked under sections 294 and etc. of the IPC (depending upon the ingredients) and couple it with the relevant provisions of the IT Act. As under IT Act the offence of pornography is clear and is stricter than the penal code.
Well said. I absolutely
Well said. I absolutely agree with you.