RIGHT TO PRIVACY
Any form of electronic communication which tends to/intends to “outrage the modesty” of a person or infringes on personal or family relationships is an invasion of privacy. It is engraved as a fundamental right under Article 21 (Right to life and personal liberty) of the Constitution, and every person is entitled to safeguard such privacy. The Supreme Court has emphasized that the right to privacy is the “right to be left alone”.
Article 20 of the Constitution provides that no person shall be convicted of any offence except for violation of a law in force at the time of the commission of the act charged as an offence. Article 22 provides for protection against arrest and detention in certain cases. Clause (2) of Article 22 secures to a person who has been arrested and detained the right to be produced before the nearest Magistrate within a period of 24 hours of such arrest.
The Information Technology Act, 2000 bans dissemination of obscene images and makes such action punishable by up to 5 years. It is a cognizable offence.
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