The proposed amendments to the Information Technology Act, 2006, have made it clear that transmission of any text, audio or video that is offensive or has a menacing character can land a cellphone user in jail for two years. If the cellphone is used to cheat someone through personation, the miscreant can be punished with an imprisonment for five years. The changes have also sought amendments in the form of insertions in the Indian Penal Code, thereby declaring identity theft an offence. With these changes, a cyber criminal will now be entitled to bail as a matter of right as and when he gets arrested.
Source: https://thehackernews.com/2010/11/offensive-smsspam-can-lead-to-2-years.html