What legal actions can be taken against an employer who sends obscene pictures on whatsapp?

Response

It is, in fact illegal to share indecent photos in a Whatsapp group in India. Whoever shares indecent photos in a Whatsapp group can be prosecuted under Section 67 and 67A of The Information Technology Act, 2000. Sharing nude pictures over Whatsapp can be illegal even if the consent of both the sender and receiver is involved.

Section 67 of The Information Technology Act, 2008, goes on to say that if somebody publishes or transmits any material which is lascivious or appeals to the prurient interest or if ts effect is such as to tend to deprave and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it, shall be punished on first conviction with imprisonment with either description for a term which may extend to 3 years and with fine which may extend to five lakh rupees and in the event of second or subsequent conviction with imprisonment of either description for a term which may extend to 5 years and also with fine which may extend to 10 lakhs.

Section 67A deals with punishment for publishing or transmitting of material containing sexually explicit act, etc., in electronic form where whoever 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 5 years and with fine which may extend to 10 lakh rupees.

Regarding a legal procedure to take action against your employer, you could file a suit against him under Section 67 and Section 67A of The Information Technology Act for sending you obscene stuff over a medium such as Whatsapp and if the above happens without your consent then you could sue him for sexual harassment as well under Section 354A of The Indian Penal Code.

Reference: 1) Section 67 of The Information Technology Act, 2000
2) Section 67A of The Information Technology Act, 2000

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