Vulgarity per se not obscenity, says HC, clears AI staffer in case under IT Act

https://epaper.indiatimes.com/english-news-paper-today-toi-print-edition/15th-november-2026/vulgarity-per-se-not-obscenity-says-hc-clears-ai-staffer-in-case-under-it-act/printarticle/135842583.cms?tophead=epaper

Rosy.SequeiraMumbai: Bombay HC has discharged an Air India cabin crew member from offences under IT Act that pertain to online publication and transmission of obscene and sexually explicit material in electronic form.“SC has held that vulgarity or profanities do not per se amount to obscenity. The language/material would not amount to obscenity unless they are capable of arousing sexual feeling or lust. In the present matter, messages posted by the applicant can be said to be offensive or uncivil but do not satisfy the above ingredients,” court said.Mayank Sharma challenged orders that refused to discharge him from offences including under Section 67 and 67A of IT Act. He was actively involved in All India Cabin Crew Association’s affairs as office-bearer and there were disputes between rival factions within it.On May 11, 2012, BKC cyber cell registered an FIR on the complaint of another office-bearer, that Sharma and a co-accused had posted and circulated obscene, defamatory and derogatory material against AICCA office-bearers and certain political personalities on Facebook and Orkut. After his arrest and 12 days in police custody, Sharma was released on bail. In July 2019, the magistrate refused to discharge him from the two sections. In July 2023, the sessions court dismissed his revision plea.

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