The temptation here to go on a tirade against a party or the government is way too overwhelming (it is a private criminal case), but I would urge everyone to take a different view of this. The laws and the legal system in India are ill-equipped and not adequately trained to understand the nuances of the digital world. I had a first-hand experience of this a few years ago at my last job when we were dragged into an investigation that was looking into defamatory comments posted against a particular individual.

We had to work with the cyber crime cell to help them find what they were looking for and found the officers to be well-meaning and nice people. The only downside was the training given to them, which was next to non-existent. We eventually wound up helping them out a lot and also worked with them to help them get a better understanding of the issue at hand. I actually felt quite bad for them. The office we went to had a handful of ancient PCs of which only one was connected to the internet - a far cry from anything that you'd expect.

The same thing applies to courts, judgements are often handed out without a good understanding of the digital world. A judge when shown awful content will almost every time order its removal, there is hardly anything surprising about it.

This certainly won't be the last word on this, but we have a long road ahead increasing awareness and training of both the legal system and enforcement. By the time we finally get there, there will be a lot of mistakes arising from totally unintended consequences, but I am confident that we'll eventually get it right.