Free Legal Advice - cyber crime
Posted by: Puran Chand Verma
Posted on: 2018-09-10
If the sexting has been mutual then it would be difficult to initiate an action but entire facts would require to be understood to advise appropriately. However, if the boy is single-handedly sending offensive/sexual messages to the girl then there are actions available under (1) The Information Technology Act, and (2) The Indian Penal Code that could be taken against the minor boy. If a boy sends obscene messages to a girl, such an act would amount to "Sexual Harassment" punishable u/s 354A(1)(iv) of IPC. Further, it is also punishable u/s 509 of IPC (i.e. word, gesture or act intended to insult the modesty of a woman). The former has provision for imprisonment up to 1 year or Fine or Both; the latter is a bit more stringent with provision for Simple imprisonment for 3 years + Fine. But since the boy is minor, he would be sent to Juvenile Home & not jail.
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