Law relating to Downloading of Obscene Material by Customer in Internet Cafe

If a customer who visits an Internet Cafe downloads any obscene material for personal viewing on the terminal that is assigned to him and the Internet Cafe owner is aware of this, it is a serious offence that the owner can be held liable for under Section 292 of the Indian Penal Code(I.P.C.), read with Section 67 of the Information Technology Act.

For an offence under Section 292 of I.P.C., it is usually imprisonment (simple or rigorous) on the first conviction for a term that may comprise up to two years, and with fine which may extend up to two thousand rupees. If this is a second conviction or more than that, it will be most likely imprisonment (simple or rigorous) for about five years, with fine which may extend to five thousand rupees.

For an offence under Section 67 of the I.T. Acton first conviction, the punishment is imprisonment (simple or rigorous) for up to five years, with fine which may extend to one lakh rupees. In second or other convictions, the imprisonment (simple or rigorous) can extend up to ten years, also with fine which may extend to two lakh rupees.

It is advisable for Internet Cafe owners to set up some effective hardware or software that prevents customers from accessing or viewing any obscene websites. Further, display clear disclaimers that inform customers about this policy. Customers should be made aware that obscenity is an offence which is taken seriously and is punishable with imprisonment under Indian cyber laws. If customers persist in viewing and downloading obscene materials despite adequate warning, they will be personally responsible and the cafe owner will not be considered liable.

Source: Legal point.