Supreme Court of India
Digital Supreme Court Reports
The Official Law Report Fortnightly ISSN: 3048-4839 (Online)
Home
Full Text

SHARAT BABU DIGUMARTI vs. GOVT. OF NCT OF DELHI

SCR Citation: [2016] 8 S.C.R. 1015
Year/Volume: 2016/ Volume 8
Date of Judgment: 14 December 2016
Petitioner: SHARAT BABU DIGUMARTI
Disposal Nature: Appeal Allowed
Neutral Citation: 2016 INSC 1131
Judgment Delivered by: Hon'ble Mr. Justice Dipak Misra
Respondent: GOVT. OF NCT OF DELHI
Case Type: CRIMINAL APPEAL /1222/2016
Order/Judgment: Judgment
1. Headnote

Penal Code, 1860: s.292 - Offence relating to obscene material in electronic form - Proceedings uls.67 of IT Act dropped against appellant, but proceedings uls.292 not dropped - High c Court declined to interfere on the ground that there was sufficient material showing appellant :S- involvement to proceed against him for commission of offence punishable u/s.292 - Whether appellant who has been discharged uls. 67 of IT Act could be proceeded ul s.292 - Held: Obscenity pertaining to electronic record falls under the scheme of IT Act - IT Act is a special law - Special law shall D prevail over the general law - Therefore, the special provisions having overriding effect cover a criminal act and the offender, and the appellant in the instant case would get out of the net of s.292 - Criminal proceedings lodged against appellant quashed - Obscene Books and Pictures Act, 1856 - Obscene Publications Act, 1925 - E Informatfon Technology Act, 2000 - ss.2(1)(t), 67A, 678, 69, 79, 81.

2. Case referred
3. Act
      No Data Found!!!!!
4. Keyword
  • Penal Code
  • 1860: s.292 - Offence relating to obscene material in electronic form
  • IT Act
5. Equivalent citation
    Citation(s) 2017 AIR 150 = 2017 (2) SCC 18 = 2017 (2) Suppl. SCC 18 = 2017 (2) JT 509 = 2017 (2) Suppl. JT 509 = 2016 (12) SCALE 736