Invocation of Section 67 IT Act Requires Proof of Electronic Circulation of Obscene Content, Not Mere Possession: High Court of Jammu & Kashmir and Ladakh

The High Court of Jammu & Kashmir and Ladakh has delivered a significant judgment clarifying the evidentiary threshold required to prove offences relating to obscene material under Section 67 Information Technology Act, 2000. The Court held that mere seizure of electronic devices such as mobile phones or memory cards does not establish an offence unless the prosecution proves, through authenticated electronic evidence and admissible expert opinion, that obscene material was…