Shubham Mishra booked under these sections of IPC for online rape threat - what do they mean?

The Vadodara City Police took suo moto action against YouTuber Shubhan Mishra for uploading an abusive, threatening video against comedian Agrima Joshua.

Mishra was taken into custody on Sunday evening and booked under Indian Penal Code sections 294, 504, 506, 509 and Sec 67 of IT Act.

Here’s what each section means and punishment for the same.

Section 294

Obscene acts and songs.—Whoever, to the annoyance of others—

(a) does any obscene act in any public place, or

(b) sings, recites or utters any obscene song, ballad or words, in or near any public place, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine, or with both.

Shall be punished with imprisonment of either description for a term which may extend to three months, or with fine, or with both.

Section 504

Intentional insult with intent to provoke breach of the peace.—Whoever intentionally insults, and thereby gives provoca­tion to any person, intending or knowing it to be likely that such provocation will cause him to break the public peace, or to commit any other offence, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Section 506

Punishment for criminal intimidation.—Whoever commits, the offence of criminal intimidation shall be punished with imprison­ment of either description for a term which may extend to two years, or with fine, or with both; If threat be to cause death or grievous hurt, etc.—And if the threat be to cause death or grievous hurt, or to cause the destruction of any property by fire, or to cause an offence punishable with death or 1[imprisonment for life], or with imprisonment for a term which may extend to seven years, or to impute, unchastity to a woman, shall be punished with imprison­ment of either description for a term which may extend to seven years, or with fine, or with both.

Section 509

Word, gesture or act intended to insult the modesty of a woman.—Whoever, intending to insult the modesty of any woman, utters any word, makes any sound or gesture, or exhibits any object, intending that such word or sound shall be heard, or that such gesture or object shall be seen, by such woman, or intrudes upon the privacy of such woman, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both.

Section 67 of IT Act

Punishment for publishing or transmitting obscene material in electronic form. -Whoever publishes or transmits or causes to be published or transmitted in the electronic form, any material which is lascivious or appeals to the prurient interest or if its effect is such as to tend to deprave and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it, shall be punished on first conviction with imprisonment of either description for a term which may extend to three years and with fine which may extend to five lakh rupees and in the event of second or subsequent conviction with imprisonment of either description for a term which may extend to five years and also with fine which may extend to ten lakh rupees.

Besides Mishra, Mumbai Police’s Cyber Crime Branch also booked Umesh Dada alias Imtiyaz Shaikh, from Palghar, for using foul language against Joshua.

The arrestee had shared an abusive video on social media from the handle he operated with a pseudonym, Umesh Dada. The cybercrime branch took a Suo Moto action and arrested him. He has been booked under relevant sections of Indian Penal Code (IPC) and IT Act.

Joshua faced flak over an old video wherein she quoted jokes from a popular forum about the upcoming Chhatrapati Shivaji Maharaj's statue in the Arabian Sea.

Despite deleting the video and apologising for the same, Mishra went a step further, and posted a vile and distasteful video hurling abuses at Joshua and also threatening her of rape.

The video invited social media fury after which Shubham deleted the video, and apologised for the same.

Shubham Mishra can easily be described as the apprentice of viral sensation and ex ‘Bigg Boss’ contestant Hindustani Bhau.

With content generated in similar fashion, Mishra has garnered popularity for being utterly profane and directing rage toward current affairs and trending topics.

Be it the TikTok vs YouTube roast, Vikas Dubey’s encounter or the boycott of Chinese products; Shubham has been on the forefront in calling out the same on his social media accounts.

Mishra has over 298K subscribers on YouTube.

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