Wednesday, August 31, 2016

[IAC#RG] Prosecution for Cyber Offences allegedly committed by ex-Minister Sandeep Kumr

Dear Arvind,

This latest episode of your Woman and Child Minister has shaken the faith of ordinary citizens in their elected representatives and in the anti-corruption.movement in general. The persons you had brought into IAC and then AAP and your Cabinet have mostly turned out to be rascals, like you were always warned about by your well-wishers.

I (and India Against Corruption) therefore fully expects that since you are in possession of digital evidence indicating that your Minister/MLA was secretly electronically recording women without their consent in sexual situations, you (as CM Delhi) will personally order his prosecution under Information Technology Act, 2008, the relevant section being set out below.

I am asking you to do this swiftly before somebody else does it.



66E.  Punishment for violation of privacy. (Inserted Vide ITA 2008)

Whoever, intentionally or knowingly captures, publishes or transmits the image of a private area of any person without his or her consent, under circumstances violating the privacy of that person, shall be punished with   imprisonment which may extend to three years or with fine not exceeding two lakh rupees, or with both

Explanation.- For the purposes of this section—

(a)  ―'transmit' means to electronically send a visual image with the intent that it be viewed by a person or persons;
(b)  ― 'capture', with respect to an image, means to videotape, photograph, film or record by any means;
(c)  ―'private area means the naked or undergarment clad genitals, pubic area, buttocks or female breast;
(d)  ―'publishes' means reproduction in the printed or electronic  form and making it available for public; 
(e)  ―'under circumstances violating privacy' means circumstances in which a person can have a reasonable expectation that—
(i)  he or she could disrobe in privacy, without being concerned that an image of his private area was being captured; or
(ii)  any part of his or her private area would not be visible to the public, regardless of whether that person is in a public or private place.

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