Source: The Hindu   

Why in News? 

An FIR was registered by Assam Police against five people, including a popular podcaster and comedian, over allegedly obscene remarks made during the show 'India's Got Latent.' The Mumbai Police also initiated an inquiry into the matter, while multiple legal complaints were filed in different jurisdictions.  

• The controversy gained further attention when Maharashtra CM commented on freedom of speech limitations, and the accused later apologized for the inappropriate remarks. 

What was the Background of FIR Against YouTubers? 

• A podcaster/content creator and several others are facing legal action over inappropriate remarks made during a talent show program.  
• Multiple legal complaints have been filed: 
  • A criminal complaint in Bandra Magistrate Court. 
  • A complaint to the Mumbai Police Commissioner. 
  • A complaint to the Maharashtra Women's Commission. 
• The Mumbai Police has initiated an inquiry but hasn't filed an FIR yet. A police team visited the location where the show was recorded. 
• Key officials have responded: 
  • The Maharashtra CM commented on limitations to freedom of speech. 
  • A former NCW Chief and Rajya Sabha MP condemned the incident. 
  • The Shiv Sena spokesperson issued a warning about such behavior. 
• An FIR has been registered by Assam Police against five people, including content creators and a comedian, regarding comments that were criticized as obscene. 
• The case was filed with the Guwahati Crime Branch under sections of: 
  • The IT Act,2000 
  • The Indecent Representation of Women (Prohibition) Act, 1986 
  • The Bharatiya Nyaya Sanhita, 2023 (BNS) provisions pertaining to insulting a woman's modesty and "obscene acts". 
• Additional legal actions include: 
  • Lawyers seeking stricter content moderation on social media platforms 
  • A request to the Ministry of Information and Broadcasting for investigation 
  • Calls for guidelines regarding public figures' associations with content creators. 
• The accused party has since apologized for the remarks, stating "I shouldn't have said what I said... My comment wasn't just inappropriate. It wasn't even funny. Comedy is not my forte." 

What Legal Actions have been Initiated and under Which Laws? 

• FIR filed with Guwahati Crime Branch under: 
  • Sections of the Information Technology Act, 2000 (IT Act) 
  • Indecent Representation of Women (Prohibition) Act, 1986 
  • BNS sections related to "insulting a woman's modesty and obscene acts" 
• Criminal complaint filed at Bandra Magistrate Court under: 
  • Section 296 of BNS: Obscene acts and songs 
  • Section 352 of BNS: Intentional insult with intent to provoke breach of peace 
  • Section 353 of BNS: Statements conducing to public mischief 
  • Section 225 of BNS: Threat of injury to induce a person to refrain from applying for protection to public servant 
  • Section 67 of the IT Act 
• The complaints seek action under multiple legal frameworks: 
  • Criminal law (BNS) 
  • Information Technology laws 
  • Women protection laws 
• The complaints have been filed across multiple jurisdictions and authorities: 
  • Assam Police (Guwahati Crime Branch) 
  • Mumbai Police 
  • Bandra Magistrate Court 
  • Maharashtra Women's Commission 
  • Ministry of Information and Broadcasting 

What are the Legal Provisions Involved in it? 

• Section 296 of BNS, which deals with obscene acts and songs: 
  • Performing any obscene act in a public place that causes annoyance to others can result in punishment of up to three months imprisonment and/or a fine of up to one thousand rupees. 
  • Singing, reciting, or uttering obscene songs, ballads, or words in or near any public place can lead to the same penalties - up to three months in jail and/or a fine up to one thousand rupees.
• Section 352 of BNS provides intentional insults that could provoke a breach of peace: 
  • The law states that if someone deliberately insults another person in any manner, knowing that such provocation is likely to cause them to either disturb public peace or commit another offence, they can be punished with imprisonment up to two years, or with a fine, or both. 
  • This section essentially criminalizes deliberate provocative insults that could reasonably be expected to incite unlawful behavior or disturb public order. 
• Section 353 of the BNS deals with statements that cause public mischief. 
  • Sub-section (1) prohibits making/publishing/circulating statements (including electronic) that: 
    • Could cause military personnel to mutiny or fail their duty. 
    • May create public fear leading to offences against the State. 
    • Could incite any community to commit offences against another Punishment: Up to 3 years imprisonment and/or fine. 
  • Sub-section (2) focuses on false information that: 
    • Creates or promotes enmity between different groups. 
    • Spreads hatred based on religion, race, language, caste, etc. 
    • Causes ill will between communities Punishment: Up to 3 years imprisonment and/or fine. 
  • Sub-section (3) addresses offences in religious places: 
    • If committed in places of worship. 
    • During religious ceremonies/assemblies Enhanced Punishment: Up to 5 years imprisonment plus fine. 
  • Exception Clause: 
    • No offence if the person had reasonable grounds to believe the information was true. 
    • Must have acted in good faith. 
    • Must not have intended to cause mischief.
• Section 225 of BNS 
  • It provides threats made to prevent someone from seeking legal protection. The law states that if someone threatens injury to any person to stop them from applying for legal protection from a public servant who is empowered to provide such protection, they can be punished with imprisonment up to one year, or with a fine, or both. 
  • This section essentially criminalizes intimidation aimed at preventing someone from seeking help or protection from authorized public servants.
• Section 67 of IT Act 
  • It deals with publishing or transmitting obscene material in electronic form. For first-time offenders, the punishment includes imprisonment up to three years and a fine up to five lakh rupees. For subsequent convictions, the penalties increase to imprisonment up to five years and a fine up to ten lakh rupees. 
  • The section specifically targets electronic content that is lascivious, appeals to prurient interests, or could corrupt/deprave those likely to access it.