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Irrespective of the age of the accused, if the offence of circulating sexually explicit content or violating privacy through dissemination of images or videos of private parts, is committed, the person is susceptible to prosecution.
With respect to child pornography, the law is very stringent.
S.79 IT Act clearly exonerates persons who have no control over the content posted and the only liability is for complying with the intermediary rules.
This would also apply to Whats App, the service provider, and not the person starting a group.
The ambiguities Several initiatives have been taken to ensure awareness among police and judiciary.
These exercises have to be balanced with sensitisation programmes to ensure that the persons involved in the system understand the effects of cyber crime and act expeditiously. Also, there is rampant abuse and misuse of the provisions of the IT Act due to its opacity.
In case of the latter, the provisions of the Prevention of Children from Sexual Offences Act, 2012 (POCSO) may also be invoked.
As children are armed these days with cameras and data on their mobile phones and raging hormones at increasingly reducing, the instances of revenge porn attacks by children against children are on the rise.
Crimes other than those affecting the “socio-economic conditions” or against women and children, may also be compounded i.e., settled.Victims of revenge porn may register complaints for violation of their privacy under S.66E as also under S.67 and S.67A IT Act in addition to IPC provisions.S.67A and S.67B also provide for prosecution of pornography and child pornography respectively.If a police station refuses to register the complaint, a representation may be given to the commissioner of police/superintendent of police.If in spite of that action is not taken, the next step could either be a private complaint before the concerned court or a writ before the high court.