Hello,

If the clip does not contain any sexually explicit content then you can not be charged with the same. If the same is the case, you may challenge the FIR before the High Court.

Regards

67A Punishment for publishing or transmitting of material containing sexually explicit act, etc., in electronic form. -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 five years and with fine which may extend to ten lakh rupees and in the event of second or subsequent conviction with imprisonment of either description for a term which may extend to seven years and also with fine which may extend to ten lakh

- challenge the FIR under sec 482 of criminal procedure code.

We need documents to verify and confirm the facts.

This is only opinion.

An audio clip will also come within the meaning of electronic material and it is not necessary, that to come within the purview 67à, the clip in question ought to have been a video clip only.

Cooperate with to police in the investigation and based on the report which they file under section 173(2) crpc, decide your legal recourse.

Well,the section eads thus- " Punishment for publishing or transmitting of material containing sexually explicit act, etc.,

in electronic form.–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 five years and with

fine which may extend to ten lakh rupees and in the event of second or subsequent conviction with

imprisonment of either description for a term which may extend to seven years and also with fine which

may extend to ten lakh rupees."

So in that event your act squarely falls under the said provision of law as the audio which is an electronic material was relating to sexual act of your boss only.

You have rightly taken the step of obtaining of anticipatory bail and once you cooperate with the Police the court will conform your anticipatory bail.

So I do not see any merit in challenging the FIR.

The quashing in any circumstances becomes maintainable only after submission of chargesheet and not at the time of ongoing investigation which the court consider to be preamture stage .

Respected sir...

In section 76 -A of information technology act it is nowhere mention that electronic material will be in audio or video form ... transmitting obscene material in electronic form. Sir just join the proceedings and hire q good lawyer how can fight your case strongly ...Take anticipatory bail and ask them to compromise in this case because electronic from will produce a record against you and you might held guilty of it so hire a best advocate...

Thank you

It is necessary to peruse FIR filed against you

2) 67A Punishment for publishing or transmitting of material containing sexually explicit act, etc., in electronic form.

3) what are the contents of audio clip

4) it is necessary to peruse transcripts of audio clip to advice

Yes 67 A of IT act talks of transmitting any obscene objects by any electronic means .

Therefore it includes audio also

However, if you are confident enough that there was no sexually explicit material then law may favor you.

As this section was just added to safeguard women safety and publicity of the same. It also says that lady should get affected by that (sec 469, 509 IPC)

Cooperate in the investigation if it is fake no charge will be framed against you.

FIR cannot be challenged at most there will be no charge made against you and for that you have to keep police settled

67A Punishment for publishing or transmitting of material containing sexually explicit act, etc., in electronic form. -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 five years and with fine which may extend to ten lakh rupees and in the event of second or subsequent conviction with imprisonment of either description for a term which may extend to seven years and also with fine which may extend to ten lakh rupees.

The fir can be quashed on ground that it doesnot contained any sexually explit content. So the content of audio is important here so you should file for quashing of FIR on that basis once the charges geet is filed. You can apply for quashing under 482 crpc in HC.

On the basis of an audio clip an offence can be registered under section 67A of the IT Act. It, however, depends on the content in the audio clip. Unless the content of the audio clip is known it cannot be said whether it is incriminating or not.

As it's related to technology & u was misused that

S.67A of the IT Act states:- "Any material" implies audio clip as well. It should contain "sexually explicit act or conduct" which can be even in the form of recorded audio conversation.

Unless the contents of the FIR and the related documents and evidence are gone through, difficult to advise with respect to challenging the FIR.

Dear Sir,

Your issue falls under rarest of rare case. It appears there are no such cases and there is non availability of judgments on this issue. The Court can define and set aside the charges leveled against you. You can very well challenge FIR and get stay order then go on prolonging the matter so that you can get more and more breathing time.

Hi

As per your description this section is very well attracted so no need to challenge the FIR. Try out for bail provision only.

Join the investigation and that would work out in your favour,

Thank you

You can challenge the same by filing quashing of FIR in high court.

Hi ,

Section 67 is about the Publishing of information which is obscene in electronic form and 67a is to prove the publication.

Your mobile is asked to verify the digital signature on the publication to investigate the crime.

You may challenge the FIR on the basis of intention that you had no evil intention in forwarding the audio to his brother rather had good intention to inform him.

If you had bad intention then you would have shared the clip in between the colleagues a and in social media to defame him.

Please note any information transmitted through electronic media comes under per view of IT Act. But unless the investigation office proves that it is generated by you chances of conviction is less.

Section 88A – Presumption as to electronic messages

The Court may presume that an electronic message, forwarded by the originator through an electronic mail server to the addressee to whom the message purports to be addressed corresponds with the message as fed into his computer for transmission; but the Court shall not make any presumption as to the person by whom such message was sent.

The charges may not be pertaining to audio reports alone,you must see what all offences that have been charged and what was the complaint etc.

It may not be just an audio record that has been taken into consideration for registering the FIR.