Will Offence U/s. 354C IPC Lie Against Professional Photographer For Misuse Of Photo Clicked With Consent: Bombay HC Stays Proceedings
|The Bombay High Court by an interim order stayed the criminal proceedings against a professional photographer who had challenged the proceedings against him involving offenses under Sections 354(c), 500 of the Indian Penal Code (IPC), and Section 66(e) of the Information Technology Act.
A Division Bench of Justice Prakash D. Naik and Justice N.R. Borkar said, “The question which arises for consideration is whether Section 354(c) and other offences invoked in this proceedings are attracted against the Petitioner. Arguable questions are raised.”
Advocate Harekrishna Mishra appeared for the Petitioner, Advocate M.H. Mhatre appeared for Respondent 1 and Advocate Sachin R. Agawane appeared for Respondent 2.
The prosecution contended that the petitioner took photographs of the complainant with her consent, which were later uploaded on websites such as www.digitalstudio.in, https://in.pinterest.com, and www.pixabay.com. Subsequently, these photographs were allegedly uploaded on objectionable websites by unknown persons.
The petitioner's argument was that there is no evidence to suggest their involvement in uploading the photographs on objectionable websites. The complainant herself had reportedly uploaded her photographs on one of the websites.
The Court ruled that it will entertain the petitioner's challenge.
Cause Title: Pashminu Shyam Mansukhani v. The State of Maharashtra & Anr.
Click here to read/download Order