Obscene SMS/MMS can land you in jail

An obscene SMS or MMS sent to your friend could land you behind bars even if he/she decides to file a complaint several years later

Illustration/ sameer pawar

An obscene SMS or MMS sent to your friend could land you behind bars even if he/she decides to file a complaint several years later

THINK twice before you send a 'naughty' SMS or MMS that can be regarded as obscene to your friends. For, if the recipient files a police complaint even several years later, the sender can land up in jail.

"People do not know the implications of IT law, sometimes unwittingly send obscene SMS or MMS to their girlfriends which has the propensity to land them behind bars," says Advocate Vaishali Bhagwat, a computer graduate who also specialises in cyber crimes.

"No time frame is applicable and act is punishable under Section 67 of the Information Technology Act 2000. It means, a person can file a complaint long after the offence is committed," she added.

Legal expert on International Property Rights and Cyber Law, Anand Deshpande also voiced a similar opinion, "The offence is clearly defined in IT Act 2000 and criminal procedures can be sought anytime as there is no limitation of time to take action."

There are chances that students who are otherwise busy forwarding naughty SMS or MMS can misuse this act to settle the scores and unnecessarily drag someone in the legal suit. For instance, if a friendu2013turned-foe lodges a complaint for obscene SMS or MMS sent to him or her and if the offense is proved it will lead the sender to jail.
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Fake Orkut profiles, where obscene material or photographs are used to malign the character of another person, falls under the same section of the IT Act 2000. According to Bhagwat, a number of cases of fake Orkut profiles have been filed in Pune.

DCP Sanjay Jadhav, an expert in cyber crimes, said, "There have been no cases where SMS and MMS have been used as a proof to lodge a complaint."

Bhagwat said that amended IT ACT 2008 is cleared by both the houses of the Parliament and is waiting for President's consent.

IT ACT 2000

Any material transmitted, circulated or published is liable for punishment for up to five years or a fine up to Rs 3 lakh can be imposed on the offender of the law.