Meanwhile, Gokhale added that the matter will be cleared once the police file chargesheets and the sections applicable in the case come to light. Maintaining that a chat group, even if it is private and restricted in nature, is different from a private conversation, Sandeep Das, partner at a law firm AP and Partners said, “If an offence is made in a private invite-only party, it’s still an offence.” Whereas, section 14 describes the punishment for violating Section 13. Section 13 includes indecent or obscene representation of minors, usage of minors to engage in real or simulated sexual acts and representation of sexual organ of the minors.
Sections 13 and 14 of the act deal with the use of minors for pornographic purposes. Talking to Inc42, advocate Gokhale said that talking or commenting in a private group wasn’t an offence, but since the chat has made its way into the public domain the teens are liable to punishment under Section 13 and 14 of POCSO. In the immediate aftermath of the revelation of the controversial group on social media, many took turns to defend the accused teenagers, highlighting that the conversation had taken place in a private group chat, and therefore the screenshots doing the rounds were a violation of the right to privacy. In the letter, they highlighted the offences committed are punishable under Protection of Children from Sexual Offences Act (POCSO), 2012, Information and Technology Act, 2008 and Indian Penal Code, 1860.īut beyond the legal ramifications of any criminal proceedings that may be brought against the alleged perpetrators, there are multiple issues here given the involvement of social media platforms, private chat groups and elements of internet bullying. Meanwhile, advocates Neela Gokhale and Ilam Paridhi wrote to the chief justice of the Delhi High Court Justice DN Patel, highlighting the seriousness of the illegal activities undertaken by members of the group.