CHAPTER XI OFFENCES

Section 67B: Punishment for publishing or transmitting of material depicting children in sexually explicit act, etc., in electronic form

The Information Technology Act, 2000

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.

Leading cases

Just Rights for Children Alliance v. S. Harish (2024)Storing or possessing child sexual exploitative material with the intent specified in Section 15 of the POCSO Act is an offence even without transmission; the High Court's quashing of the prosecution was set aside and the case restored to trial.

Questions on this section

4 questions in 8 of our papers cite Section 67B. Try these from the free papers:

1. Under Section 28(3) of the POCSO Act, 2012, notwithstanding anything in the Information Technology Act, 2000, the Special Court has jurisdiction to try offences under which section of that Act, so far as it relates to publication or transmission of sexually explicit material depicting children?
2. Consider the following statements regarding Section 67B of the Information Technology Act, 2000: 1. Clause (b) covers a person who browses or downloads material in electronic form depicting children in an obscene or sexually explicit manner. 2. Clause (c) covers cultivating, enticing or inducing children to an online relationship with one or more children for a sexually explicit act. 3. The section is confined to publishing or transmitting such material and does not reach its creation or collection. Which of the statements given above is/are correct?

Practise questions on Cyber Law