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REVENGE PORN- AN ERA OF CYBER CRIME.


REVENGE PORN

Revenge porn is the distribution of sexually explicit images or video of individuals without their permission. The sexually explicit images or video may be made by a partner of an intimate relationship with the knowledge and consent of the subject, or it may be made without him or her knowing. The possession of the material may be used by the perpetrators to blackmail the subjects into performing other sex acts, to coerce them into continuing the relationship, to punish them for ending the relationship, or to silence them.
Under the Indian Penal Code,
 The accused can be booked for defamation (Section 500)
 Criminal intimidation (Sections 504 and 506),
 Outraging the modesty of a woman (Section 354).
 Sexual harassment (Section 354A).     
Under the I.T act,
Section 66E stipulates punishment for violation of privacy.
Sections 67 and 67A of the IT Act are against the publishing and circulation of what the act calls “obscene” content.
 Revenge porn case in India:
In a heartening judgment, Bengal has sentenced a 23-year-old man to five years in jail, fine of Rs 9,000 for uploading objectionable pictures and videos of a girl on the internet. 
This is likely to be the first case of “revenge porn” conviction in India.
The judge has also directed the state government to treat the 20-year-old complainant as “RAPE SURVIVOR” and grant compensation accordingly.   
                  The nude videos were captured by the Girl herself on her mobile, which the accused accessed. He then began blackmailing her, after which she called off the relationship. To “revenge”, the accused uploaded the video clips on various porn sites in 2017. To make sure the girl was recognized, he added
The girl name, and
Her father’s name, and
The girl Nickname to the videos.
The case of , 
State of New Jersey vs Mr. D.Ravi. U.S 
Mr. Ravi and Indian origin was convicted on several counts of bias intimidation after the suicide of his freshman roommate, Tyler Clementi....
Several well-known revenge porn websites, including IsAnyoneUp and the Texxxan, have been taken down in response to actual or threatened legal action.
The former was investigated by the FBI after anti-revenge porn activist Charlotte Laws uncovered a hacking scheme associated with the website.
Whose fault is it anyway?
In our society the blame game is always on Girl but we have to change our attitude towards the victim. It is no way fault of a girl. The pics or videos were taken and shared out of trust and In many cases it is illegally obtained by hacking into mobile or system and in many times because shared by Whatsapp, Face book, We chat, Instagram and many more social networking apps/ sites.
Without blaming the girl we should feel what mental stress, The girl goes through one can assume seeing his or her nude pic being circulated in social media. in 90% of the cases the victim is always the girl.
The data of Indian Government -2001 census for the year 2014-2015-2016 against Women is alarming.
2014-(3,39457),Three Lac thirty nine thousand four hundred and fifty seven.
2015-(3,29243),Three Lac twenty nine thousand two hundred and forty three.
2016-338954-Three Lac thirty eight thousand nine hundred and fifty four.
Who is to blame for such an alarming rate of crime against women?
SEC 65 B - INDIAN EVIDENCE ACT,1872.
Admissibility of electronic record is a major hindrance on electronic evidence being admissible in court
65B. Admissibility of electronic records.—
 Notwithstanding anything contained in this Act, any information contained in an electronic record which is printed on a paper, stored, recorded or copied in optical or magnetic media produced by a computer (hereinafter referred to as the computer output) shall be deemed to be also a document, if the conditions mentioned in this section are satisfied in relation to the information and computer in question and shall be admissible in any proceedings, without further proof or production of the original, as evidence of any contents of the original or of any fact stated therein of which direct evidence would be admissible.
 The conditions referred to in sub-section.

(1) In respect of a computer output shall be the following, namely……
 Country wise Law to combat Revenge Porn.
Africa.
In South Africa, the Films and Publications Amendment Act, 2019 makes it a crime to distribute a private sexual photograph or film without the consent of the pictured individual and with the intent to cause them harm. The penalty is a fine of up to R150,000 and/or up to two years' imprisonment; or double that if the victim is identifiable in the photograph or film
Asia.
Since 2009, the Philippines has criminalized copying, reproducing, sharing or exhibiting sexually explicit images or videos over the Internet without written consent of the individual depicted.
Japan.
Passed a bill in November 2014 which made it a crime to communicate
 "a private sexual image of another person" without consent.
India.
We do not have any specific law but the I.P.C and I.T act covers
“REVENGE PORN”.
Australia.
Sharing sexual images or videos without consent is unlawful under three different, but parallel, types of law in Australia; the Civil Law, the Criminal Law, and a Civil Penalties scheme.
Canada.
In 2014, with the passage of the Protecting Canadians from Online Crime Act, Canada criminalized the "non-consensual distribution of intimate images" that were made under a "reasonable expectation of privacy".

United States
Tort. Privacy, Copyright and criminal laws offer remedies against people who submit revenge porn forty states have laws against revenge porn as of August 2018.
“REVENGE PORN” It is a kind of new crime which emerges with the advancement of technology and human advancement it is no more than a pandemic. Which needs to be curbed before it takes many innocent life , dignity and right to privacy. The need of the hour is that we should encourage the victim to come forward and fight for her Dignity and Right to live with honor.

Discliamer:  The material and view is prepared by Adv Bishwa Kumar Jain and is the result of personal knowledge and have no legal value. The information and views are not intended to create, a legal relationship or advertisement. The reader should not rely or act upon this information without seeking professional counsel or legal advisor or an Advocate. The author shall not be responsible for any loss in any way what so ever and in any mannerr
Bishwa Kumar Jain # 9582584584 B com (h). L.L.B. DIP Cyber Law. Member International Arbitration U.K. Practice Advocate Supreme Court and High Court of Delhi.
https://www.facebook.com/bishwa.jain.9

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