Response

Sexting would mean that the explicit content is within the consenting parties and not published outside the consenting persons. It is pertinent to note that the victim can be a male or female and the law punishes anyone who publishes without consent under the information technology Act, 2000 (IT Act).

Section 67A lays down that ÒWhoever publishes or transmits or causes to be published or transmitted in the electronic form any material which contains sexually explicit act or conduct shall be punished on first conviction with imprisonment of either description for a term which may extend to five years and with fine which may extend to ten lakh rupees and in the event of second or subsequent conviction with imprisonment of either description for a term which may extend to seven years and also with fine which may extend to ten lakh rupees.

Consent is the crucial element in deciding cases pertaining question of sexual abuse or harassment. In cases of sexual harassment, intention is not required to be proved as the mere act of harassing is sufficient for conviction. Sexting is done when two people are consenting to send sexually explicit photographs or messages. If there is consent and no intention to offend the other sexually, no law can punish you.

In this case if the girl lodges a complaint against the boy, then legal action can be taken against the boy with respect to Information Technology Act 2000. A notice has to be sent to the cyber-crime department regarding the issue. Moreover all the text have to be kept as a proof against the girlin the event she lodges a complaint.

Reference: Sec 67A Information Technology Act 2000

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