IT Act, 2000 is a Special Act : Case Law
Cyber Law : Case Law for 1.IT Act, 2000 is a Special Act. 2. Section 292 of IPC is not applicable in Internet based Obscinity only Section 67 of The IT Act is Applicable. Offence relating to sale of obscene material – Having a nexus or connection with electronic form of transmission covered by IT Act which is a special law – Special law shall prevail over general and prior laws – When the Act in various provisions deals with obscenity in electronic form, it covers the offence u/S.292 IPC – Hence, accused discharged u/S.67 of IT Act cannot be proceeded u/S.292.... 2017 ALL SCR (Cri) 59 The Supreme Court recently in Sharat Babu Digumarti v. Govt. of NCT of Delhi – 2016 SCC OnLine SC 1464, has ruled that in a case if no charge has been made out under Section 67 of IT Act (dealing with obscenity in E-form), then the accused cannot be prosecuted against under Section 292 IPC. The decision came in perhaps one of the first cases of Cyber Obscenity that hit India – The Bazee.com case