Report No. 84
XVII. Obscene Telephone Calls
2.35. Section 294, I.P.C.-Obscene telephone calls.-
In the context of offences against the modesty of women, a suggestion has been made that the making of obscene telephone calls should be made an offence. We have examined the relevant statutory provisions (including the Indian Penal Code and the Indian Telegraphs Act) in this connection.
Although section 509 may cover it, it is desirable to make an express provision. We find that section 20 of the Indian Post-office Act, 1898 punishes the sending of postal communications bearing on the cover indecent, obscene, seditious scurrilous, threatening or offensive matter.1 There is no corresponding provision in the Indian Telegraphs Act with reference to the sending of such messages on telephone. It is for this reason that a specific provision on the subject appears to be needed.
1. Section 20, Post-office Act, 1898.