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LEven in non cognisable offences, there is a possibility that the magistrate may grant permission for arrest, or if the accused fears wrongful implication, anticipatory bail can still be sought. In this case, rape being a cognisable offence, the cops can arrest without approval from a magistrate – maybe you need to go read the bare act againLTrue, but if there’s clear evidence of it being a false or baseless allegation then the chances are better. Here, if the rape allegation is filed after the texts regarding cheating, loan etc were exchanged then it would help to show that the complaint is a counterblast. Also, if the cops are about to arrest him anyways then it’s worth taking a chanceLYou may want to apply for anticipatory bail as well, if you feel you are likely to get arrested for the rape allegation. You would need to apply before the court having jurisdiction over the police station that reached out to you.LYes, shouldn’t be a problem under a pseudonym. You can also use a VPN while uploading it, this will prevent your location being found out.LWithout going into the question of whether artistic expression would lead to obscenity (MF Hussain was constantly the subject of such proceedings but I don’t recall any of them leading to a conviction- intact I think SC even said that it won’t amount to obscenity), obscenity would require publishing the material ie making it publicly accessible. If someone approaches you and commissions a specific painting which is only going to that person, the question of obscenity may not arise.
Having said that, you should do the transaction on the down low, ie don’t put it on twitter, as this may lead to scrutiny that the painting is obscene. In fact you should tell the buyer to not publicly credit you with the painting (he can do so privately). Also just specify in your invoice that the service is a “painting” without giving any further details. This will avoid any allegations that it was obscene.
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