The Guwahati police have lodged an FIR on Monday against a number of YouTubers and social influencers. This includes Ashish Chanchalani, Jaspreet Singh, Apoorva Makhija, Ranveer Allahbadia, Samay Raina, among others. They are accused of endorsing obscenity and engaging in explicit sexual discussions on the show 'India's Got Latent.' Let's delve into the sections under which these charges have been laid and their legal implications.
In essence, the Guwahati crime branch has lodged a case under Cyber PS Case No. 03/2025, invoking Sections 79/95/294/296 of the BNS 2023, as well as Section 67 of the IT Act, 2000, Section 4/7 of the Cinematograph Act, 1952, and Sections 4/6 of the Indecent Representation of Women (Prohibition) Act, 1986. The investigation remains ongoing.
Indian Penal Code (BNS) Section 296
This section targets acts of obscenity and songs: Anyone causing annoyance by performing obscene acts in public places; singing, reciting, or uttering obscene songs or words in or near any public place, faces imprisonment up to three months, a fine up to one thousand rupees, or both.
Indian Penal Code (BNS) Section 294
This deals with the sale of obscene books, etc. Any book, pamphlet, paper, writing, drawing, painting, representation, or figure, or any other object, considered obscene, if it tends to deprave or corrupt those who come across its content, shall face penalties.
Those involved in selling, distributing, publicly exhibiting, or circulating obscene materials; or participates or benefits from such a business, can face imprisonment up to two years and a fine of up to five thousand rupees for a first conviction, and up to five years and a fine of up to ten thousand rupees for subsequent convictions.
Indian Penal Code (BNS) Section 95
This section deals with employing minors to commit offenses: Hiring or engaging anyone under eighteen to commit an offense subjects the employer to the corresponding punishments as though the crime was committed by themselves.
Indian Penal Code (BNS) Section 79
With the intent to outrage a woman's modesty, using words, gestures, or any objects to disrespect her privacy brings a sentence of up to three years with fines.
Information Technology Act, 2000 Section 67
This is for publishing or transmitting obscene material in electronic form: On first conviction, imprisonment up to three years and fines up to five lakh rupees; for subsequent convictions, imprisonment up to five years and fines up to ten lakh rupees.
Indecent Representation of Women (Prohibition) Act, 1986 Section 4
This prohibits publishing or sending by post any indecent representation of women in any form, while Section 6 provides penalties for offenses under this Act.
The Cinematograph Act, 1952, Section 4 deals with film certification, while Section 7 addresses penalties for infringements. The board may approve films for unrestricted public exhibition with a UA marker or for restricted public exhibition for adults, or particular professional or category groups.
