Information Technology Act Section 67B — Punishment for publishing or transmitting of material depicting children in sexually explicit act, etc., in electronic form
CHAPTER XI OFFENCES
Cyber Law
Summary
Clause (a) covers anyone who publishes, transmits, or causes the publication or transmission of material in any electronic form that shows children engaged in sexually explicit acts or conduct.
Clause (b) covers anyone who creates text or digital images, or who collects, seeks, browses, downloads, advertises, promotes, exchanges, or distributes material in any electronic form that shows children in an obscene, indecent, or sexually explicit manner.
Clause (c) covers anyone who cultivates, entices, or induces children to form online relationships with one or more other children for the purpose of sexually explicit acts, or in a manner that may offend a reasonable adult on the computer resource.
Clause (d) covers anyone who facilitates the abuse of children online.
Clause (e) covers anyone who records in any electronic form their own abuse or the abuse of others relating to sexually explicit acts with children.
The punishment for a first conviction is imprisonment of either description for a term that may extend to five years, along with a fine that may extend to ten lakh rupees. For a second or subsequent conviction, the punishment is imprisonment of either description for a term that may extend to seven years, along with a fine that may extend to ten lakh rupees.
The proviso states that the provisions of section 67, section 67A, and this section do not apply to any book, pamphlet, paper, writing, drawing, painting, representation, or figure in electronic form if its publication is proved to be justified as being for the public good on the ground that it is in the interest of science, literature, art, or learning, or other objects of general concern, or if it is kept or used for bona fide heritage or religious purposes.
The explanation clarifies that for the purposes of this section, the term children means a person who has not completed the age of 18 years.
Official Text
Whoever,–
(a) publishes or transmits or causes to be published or transmitted material in any electronic form which depicts children engaged in sexually explicit act or conduct; or
(b) creates text or digital images, collects, seeks, browses, downloads, advertises, promotes, exchanges or distributes material in any electronic form depicting children in obscene or indecent or sexually explicit manner; or
(c) cultivates, entices or induces children to online relationship with one or more children for and on sexually explicit act or in a manner that may offend a reasonable adult on the computer resource; or
(d) facilitates abusing children online, or
(e) records in any electronic form own abuse or that of others pertaining to sexually explicit act with children, shall be punished on first conviction with imprisonment of either description for a term which may extend to five years and with fine which may extend to ten lakh rupees and in the event of second or subsequent conviction with imprisonment of either description for a term which may extend to seven years and also with fine which may extend to ten lakh rupees:
Provided that provisions of section 67, section 67A and this section does not extend to any book, pamphlet, paper, writing, drawing, painting representation or figure in electronic form–
(i) the publication of which is proved to be justified as being for the public good on the ground that such book, pamphlet, paper, writing, drawing, painting representation or figure is the interest of science, literature, art or learning or other objects of general concern; or
(ii) which is kept or used for bona fide heritage or religious purposes.
Explanation–For the purposes of this section, ―children‖ means a person who has not completed the age of 18 years.