Information Technology Act, 2000 in parallel to Section 292 of Indian Penal Code, 1860 makes publication and transmission of any material in electronic that’s lascivious or appeals to the prurient interest a crime, and punishable with imprisonment which may extend to 5 years and fine of 1 lakh rupees and subsequent offence with an imprisonment extending to 10 years and fine of 2 lakhs.
Various tests were laid down gradually in course of time to determine the actual crime in case of obscene material published in electronic form on net. Hicklin test was adopted in America in the case of Regina v. Hicklin wherein it was held that “if the material has tendency is to deprive and corrupt those whose minds are open to such immoral influences, and into whose hands a publication of this sort may fall”. In Indian scenario the case of Ranjeet D. Udeshi v. State of Maharashtra the Supreme Court admitted that Indian Penal Code doesn’t define obscenity though it provides punishment for publication of obscene matter. There’s very thin line existing between a material which could be called obscene and the one which is artistic. Court even stressed on need to maintain balance between fundamental right of freedom of speech and expression and public decency and morality. If matter is likely to deprave and corrupt those minds which are open to influence to whim the material is likely to fall. Where both obscenity and artistic matter is so mixed up that obscenity falls into shadow as its insignificant then obscenity may be overlooked.
In the case of Miller v. California it was held that local community standard must be applied at the time of determination of the offence. As it can traverse in many jurisdictions and can be accessed in