Video Leak Case: Are the wires connected to the obscenity racket, what if the videos were made by blackmailing the accused?

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The ongoing protest over the making of objectionable videos of girl students in the hostel of a private university in Chandigarh ended late on Sunday night. The protest ended after the university administration accepted the demands of the students. Earlier, the accused student was arrested on Sunday itself. The protests may have ended, but the matter has sparked a debate on cyber laws and several aspects of cyber security.

After all, under which sections the accused student has been arrested? On what kind of charge do these sections apply? After investigation, can the sections on the accused girl increase? If these videos were made by pressurizing the accused girl, what would happen in the case? Know the answers to all these questions from Supreme Court lawyer and cyber law expert Virag Gupta…

Under which sections the accused student has been arrested?

The accused student was arrested by the police on Sunday itself. The accused himself is an MBA student in the same university. In this case, Chandigarh Police has registered an FIR under Section 354-C of IPC and Section 66E of IT Act. These sections are imposed for filming a girl or a woman in a wrong way and covertly.

Could this be a pornographic video business case?

Eyewitnesses told that the accused girl was making videos of other girls in the bathroom. It was only after this matter came to light that the matter caught fire. It is being claimed that objectionable videos have also been found from the phone of the accused girl. However, the proof of this will come out only after forensic examination of the mobile of the accused girl. If this turns out to be true, then it will have to be investigated whether there are connections to the business of pornographic videos behind all this or not. Only then will the further course of action be decided.

The police deleted the objectionable videos from the mobile of the accused girl, so how will the forensic investigation be done?

According to reports, the chats and videos of the accused girl and boys have been deleted. They may also have to look back and take the help of WhatsApp company with forensic investigation. In this regard, the police will have to take help from the Grievance Officer based in India. WhatsApp is a foreign company so the application has to be sent to the Chandigarh Police through the Union Home Ministry and the Ministry of External Affairs. Due to this, the investigation of the case and charge sheet may get delayed.

Can sections of POCSO Act also be invoked in this case?

Cases of DPS and many other MMS have been reported before Chandigarh. Many of those cases were such that were related to children. The POCSO Act was imposed only in cases involving children. As far as this case is concerned, both the accused youths and the students of the university are adults. Therefore, there is no possibility of registering a case under the POCSO Act at present.

What is the punishment for the accused?

A lot of things will become clear after the police investigation. If after police and forensic investigation it comes to the fore that the objectionable videos were not made viral on social media. If they were sent by one accused to another only on WhatsApp, then the sections of crime would be weakened in it. If obscene videos are sent from person to person and they are not exposed in public, then it can be difficult to get harsh punishment for the accused persons.

The police have now registered the accused under 66E and 354-C. If found guilty of 66E, the accused can be fined up to two lakhs or imprisonment up to three years. At the same time, if found guilty of 354-C, the accused can be fined and punished from one to five years.

There is also a case of privacy violation, what about it?

In this case, the allegation of making obscene videos without consent appears against the girl who has made the video at present. There is also a case of violation of privacy in this, but in India, it may be difficult to get the accused punished due to the lack of legislation from the Parliament for privacy and data protection.

If these videos were made by pressurizing the accused girl, what would happen in the case?

At present, the student of the university is the main accused in this case. There are allegations against him for making videos. However, if after interrogation it came to light that the girl was under pressure or was being blackmailed, the matter would change. In this situation, considering the accused girl as the victim, FIR will have to be registered against the accused boys and their gang afresh in the case. After this, the police can also find out whether the strings of this case are related to drug trade and other rackets of cyber crime or not? For this, if rapid investigation is done in coordination with the police of other states, then the network of cyber criminals will be exposed along with the truth.

Expansion

The ongoing protest over the making of objectionable videos of girl students in the hostel of a private university in Chandigarh ended late on Sunday night. The protest ended after the university administration accepted the demands of the students. Earlier, the accused student was arrested on Sunday itself. The protests may have ended, but the matter has sparked a debate on cyber laws and several aspects of cyber security.

After all, under which sections the accused student has been arrested? On what kind of charge do these sections apply? After investigation, can the sections on the accused girl increase? If these videos were made by pressurizing the accused girl, what would happen in the case? Know the answers to all these questions from Supreme Court lawyer and cyber law expert Virag Gupta…

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