Section 6 of IWT Act : Section 6: Offence And Penalty

Explanation using Example

Imagine a scenario where an individual named Raj has a hobby of exploring radio frequencies. He purchases a wireless transmitter without obtaining the necessary license required under Section 3 of The Indian Wireless Telegraphy Act, 1933. Raj starts using this transmitter from his home to communicate with other radio enthusiasts.

The authorities receive a tip-off about Raj's activities and conduct a raid at his residence. They find the wireless transmitter and establish that Raj has been using it without a license. Under Section 6(1A) of the Act, Raj could face imprisonment for up to three years, a fine up to one thousand rupees, or both, for possessing the wireless transmitter in contravention of Section 3.

Additionally, the court may presume Raj possesses the apparatus since it was found in his home, which is under his control, as per Section 6(2). If Raj is convicted, the court also has the authority to decide whether the wireless transmitter should be confiscated as per Section 6(3).