1. Facts of the Case
Mr. A, a resident of Canada, sends an indecent and offensive email to Mr. B, who resides in Chandigarh, India. The email contains explicit, vulgar, or obscene content that causes mental distress and violates Mr. B’s dignity and privacy.
Although the origin of the message is outside India, the effect of the offensive communication is felt within Indian territory, raising the question: Can Indian cyber law take cognizance of a crime committed by a foreign citizen using digital means?
2. Issues in the Case
1. Can Indian courts exercise jurisdiction over a cyber offence committed by a foreign national?
Does the location of the victim give Indian authorities the right to prosecute an individual residing abroad?
2. Does sending obscene or indecent email content amount to a punishable offence under the Information Technology Act, 2000?
Is there a specific section under Indian law that addresses such behaviour?
3. What sections of the IT Act or IPC can be invoked for sending offensive digital content?
Which provisions define and criminalize sending vulgar or obscene content via electronic means?
4. What remedies are available to the victim in India?
What legal steps can Mr. B take to seek justice and stop the harassment?
3. Legal Principles Covered Under the IT Act, 2000 and Related Laws
Territorial Jurisdiction – Section 75 of the IT Act, 2000
This section grants extraterritorial jurisdiction to Indian courts. It states that the provisions of the Act apply even if the offence is committed outside India, provided the computer system or network affected is located in India.
In this case:
- The victim’s email account is accessed in India
- The impact of the offence is within Indian territory
Thus, Indian authorities are empowered to prosecute Mr. A despite his foreign residence.
Section 66E – Violation of Privacy
If the indecent email contains images or content that violates the privacy of the recipient (such as private body parts or intrusive messages), this section applies.
Penalty: Imprisonment up to 3 years or a fine up to ₹2 lakhs or both.
Section 67 – Publishing or Transmitting Obscene Material in Electronic Form
This section penalizes anyone who:
- Publishes, transmits, or causes transmission of obscene content in electronic form.
- The content must appeal pruriently, or cause depravity or corruption in the reader’s mind.
Penalty (First conviction): Imprisonment up to 3 years and fine up to ₹5 lakhs.
Section 67A – Material Containing Sexually Explicit Acts
If the email content includes sexually explicit imagery or text, this enhanced section is invoked.
Penalty: Imprisonment up to 5 years and fine up to ₹10 lakhs.
Relevant IPC Sections
In addition to the IT Act, the following Indian Penal Code (IPC) provisions may apply:
- Section 509 – Word, gesture or act intended to insult the modesty of a woman.
- Section 500 – Defamation, if applicable.
- Section 292 – Sale or distribution of obscene material (can be extended to digital transmissions).
4. Possible Judgement
If Mr. A is Traceable and Cooperative
Indian courts, with the help of:
- Mutual Legal Assistance Treaty (MLAT)
- Interpol Red Corner Notice
- Cyber Coordination with Canadian Authorities
…can initiate legal proceedings.
If proven guilty:
- Mr. A may be convicted under Sections 67 and 66E of the IT Act.
- Indian authorities may request extradition, or local prosecution in Canada could occur under Indian complaint.
- He may be imprisoned and fined, based on the nature of content and mental harm caused.
If Mr. A Remains Untraceable or Outside Legal Reach
The court may:
- Issue a non-bailable warrant or Look-Out Circular
- Order email service providers to block the sender and trace IP data
- Direct platforms to cooperate with investigation
- Ensure preventive digital filters for future protection of the victim
