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CBI arrests man for selling child pornographic material on Telegram

The Central Bureau of Investigation (CBI) has arrested a man who was doing business of selling child sexual abuse material through mobile applications.

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The Central Bureau of Investigation (CBI) has arrested a man who was doing business of selling child sexual abuse material through mobile applications.

CBI has filed a case against a man and unknown others under POCSO and Information Technology (IT) Act. According to CBI, the man had created 3 accounts and 20 groups on the Telegram messaging application for the sale of objectionable material.

Of these 20 accounts, two accounts were for advertising posts or messages for the sale of obscene videos or photos, including child sexual abuse content.

Hundreds of people were involved in these groups. They used to negotiate with customers on the basis of video and photos and the customers used to pay through Paytm and Google Pay when the deal was finalized.

On receipt of payments, the accused allegedly shared the links of various groups or channels of Telegram, in which objectionable material was shared with members. The accused sold obscene videos or pictures for as little as Rs 250 by adding customers into these groups or channels.

CBI raided the Delhi hideout of the accused and seized his mobile, whose contents were being analysed. CBI is currently investigating this entire case.

Legal provisions in India against sharing of obscene content

Under Section 67 of the IT Act, 2000, the punishment on first conviction is imprisonment upto three years and with fine of five lakh rupees, and subsequent convictions to be punished with imprisonment upto five years and fine which may extend to ten lakh rupees.

This section deals with the publishing or transmitting of obscene material (described as "any material which is lascivious or appeals to the prurient interest or if its effect is such as to tend to deprave and corrupt persons").

Under Section 67A, the punishment on first conviction is imprisonment upto five years and fine upto ten lakhs.

The section punishes publishing or transmitting of material which contains sexually explicit act or conduct.

Under Section 67B, the punishment on first conviction is imprisonment upto five years and fine upto ten lakhs.

This section covers not just the depiction of children in sexual acts or conduct, but the creation or distribution of any digital text or images that depicts children "in obscene or indecent or sexually explicit manner".

Under Section 14(1) of POCSO Act, the use of a child or children for pornographic purposes is punishable with imprisonment upto five years along with fine.

Under Section 15, storage of pornographic material involving a child with the intention of distributing it is punishable by imprisonment of upto three years or with fine or both.

The CBI has a special unit named 'Online Child Sexual Abuse and Exploitation Prevention/Investigation (OCSAE)' to deal with matters pertaining to online sexual abuse of children.

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