Introduction
Section 67 of the Information Technology Act, 2000, deals with obscenity in electronic form. It punishes individuals who publish, transmit, or cause the transmission of obscene material in digital space. This provision is crucial in regulating online content and maintaining public decency.
Code of Section 67 Of The Information Technology Act (IT Act, 2000)
“Whoever publishes or transmits or causes to be published or transmitted in the electronic form, any material which is lascivious or appeals to the prurient interest or if its effect is such as to tend to deprave and corrupt persons…shall be punished…”
What Is The Explanation On Section 67 Of The Information Technology Act?
Section 67 of the information technology act criminalizes the online transmission of obscene content. The law aims to prevent digital platforms from hosting or spreading material that is sexually explicit and morally corruptive.
To attract this section, the content must:
Be lascivious or sexually explicit.
Appeal to prurient interests.
Potentially corrupt viewers’ minds.
Mere nudity or sensuality may not fall under this section unless the content is explicitly obscene and harmful.
Punishment:
First conviction: Up to 3 years imprisonment and fine up to ₹5 lakh.
Second conviction: Up to 5 years imprisonment and fine up to ₹10 lakh.
Illustration
Authorities can book a person under Section 67 for uploading a video containing graphic sexual content on a public social media page. Even forwarding such content on WhatsApp or Telegram, if proven intentional, can attract the same penalty.
Recent Case Example: Kamlesh Vaswani v. Union of India (2023)
The petitioner, Kamlesh Vaswani, filed a PIL demanding a ban on pornography in India, citing its harmful effects on youth and crime.
He argued that free access to porn violates morality and promotes sexual violence. He relied on Section 67 to press for a nationwide ban.
The Supreme Court held that a total ban is not practical due to encryption and jurisdictional issues. However, it directed the government to enhance surveillance and filter out content that violates Section 67.
ISPs were instructed to block URLs hosting obscene content. Several sites were blocklisted for violating Indian decency norms.
What Is Section 67A Of The IT Act?
“Whoever publishes or transmits or causes to be published or transmitted in the electronic form any material which contains sexually explicit act or conduct shall be punished…”
Explanation
Section 67A punishes real or simulated sexual acts shared online. It applies to images, videos, live streams, and digital files. The aim is to prevent the spread of explicit adult content in cyberspace.
To apply this section, the content must:
Show actual or simulated sexual activity.
Be transmitted electronically.
Be intended for public consumption or corruption.
What Is The Punishment Mentioned In This Section?
First conviction: Up to 5 years in prison and ₹10 lakh fine.
Subsequent conviction: Up to 7 years and ₹10 lakh fine.
This section does not cover educational, artistic, or scientific use unless it crosses the line into obscenity.
Illustration
A person uploads a graphic sex video to a public Telegram channel. Even if it’s from an adult site, sharing it without a license or purpose can lead to arrest under Section 67A.
Even forwarding such content knowingly via WhatsApp or email may attract the same penalty.
Recent Case: State v. Karan Mehta (2023), Mumbai Cyber Cell
Authorities caught Karan Mehta running a private Instagram group that shared sexually explicit videos.
Cyber Cell tracked the group’s content. His phone contained hundreds of explicit videos forwarded in bulk.
The court ruled that even private groups count as digital transmission. Mehta was denied bail under Section 67A.
The judgment emphasized that online privacy doesn’t shield illegal content. Even sharing within closed groups is a crime.
What Is Section 67B Of The IT Act?
“Whoever publishes or transmits or causes to be published or transmitted material depicting children in sexually explicit acts, or creates text or digital images, collects, seeks, browses, downloads, advertises or promotes such material, or facilitates abusing children online…”
Explanation
Section 67B of the Information Technology Act, 2000 strictly deals with child pornography. It punishes the publication, transmission, viewing, or collection of sexually explicit content involving children. This provision plays a critical role in protecting minors from digital abuse and exploitation.
Section 67B criminalizes all forms of child sexual abuse material (CSAM), including:
Sharing or posting child porn.
Downloading or even browsing such material.
Creating or promoting platforms that encourage child abuse.
Communicating with children online with the intent to exploit them sexually.
Punishment:
First conviction: Up to 5 years imprisonment and fine.
Subsequent conviction: Up to 7 years imprisonment and fine.
This law assumes strict liability. Even unknowingly downloading such content can result in prosecution.
What Are The Key Features Regarding This Section?
Applies to all forms of electronic media.
Covers images, videos, chats, and digital drawings.
Protects children under the age of 18.
Illustration
A person joins a dark web forum that shares images of minors in sexual poses. They don’t upload anything but download a few files. Under Section 67B, just browsing or downloading is enough to attract criminal liability.
Recent Case: CBI Operation Meghchakra (2023)
CBI launched Operation Meghchakra, targeting individuals involved in CSAM. The operation was based on Interpol inputs.
The agency traced over 50 suspects using IP logs from cloud platforms. Raids across 20 cities led to the seizure of laptops, hard drives, and mobile phones containing CSAM.
Multiple suspects were charged under Section 67B. Several were denied bail due to the serious nature of the offence.
The operation signalled a strong national stance against child pornography. It also showed that digital footprints are traceable, even across VPNs.
Conclusion
Section 67 plays a vital role in keeping the internet safe and morally sound. It punishes the distribution of obscene material and helps curb cybercrime. Additionally, Section 67A is a strong law against online pornography. It punishes people for distributing or promoting sexually explicit content. Moreover, Section 67B is a powerful shield for child protection in cyberspace. It ensures no tolerance for any act, direct or indirect, that involves child sexual abuse.
