Special statute prevails for electronic obscene material; prosecution under the general penal law cannot continue for the same conduct.

Where electronic obscene material is specifically governed by the Information Technology Act, 2000, the special statute prevails over the general penal provision in Section 292 of the Indian Penal Code, 1860. The scheme of Section 67, together with the exemption and overriding provisions in Sections 79 and 81, means prosecution for the same electronic conduct must proceed under the IT Act and cannot be maintained under the IPC. On that basis, a prosecution under Section 292 was held unsustainable after discharge under Section 67 for the same electronic material.

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Issues: Whether a person discharged under Section 67 of the Information Technology Act, 2000 could still be proceeded against under Section 292 of the Indian Penal Code, 1860 on the basis of the same electronic material.

Analysis: The offence alleged related to an electronic record. The Information Technology Act, 2000 specifically deals with publication or transmission of obscene material in electronic form through Section 67 and related provisions, while Section 79 operates as an exemption provision and Section 81 gives the Act overriding effect over inconsistent laws. In this setting, the special statute was held to govern offences arising from electronic transmission of obscene material. The Court held that once the alleged conduct falls within the special scheme of the Information Technology Act, 2000, resort to the general penal provision in Section 292 of the Indian Penal Code, 1860 is not maintainable.

Conclusion: The prosecution under Section 292 of the Indian Penal Code, 1860 could not be sustained against the appellant after discharge under Section 67 of the Information Technology Act, 2000.

Ratio Decidendi: Where a special statute specifically creates and governs offences relating to electronic obscene material and contains overriding and exemption provisions, prosecution must proceed under that special law and cannot be maintained under a general penal provision for the same electronic conduct.

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