Section 67 IT Act: Punishment for publishing or transmitting obscene material in electronic form
Information Technology Act, 2000
Section 67 IT Act at a Glance
Section 67 IT Act makes it an offence to publish or transmit obscene material in electronic form, or cause it to be published or transmitted. A first conviction carries up to 3 years imprisonment and fine up to ₹5 lakh.
First conviction: up to 3 years. Second or later conviction: up to 5 years. Simple or rigorous
Section 67 IT Act Bare Act Text
67. Punishment for publishing or transmitting obscene material in electronic form.
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 who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it, shall be punished on first conviction with imprisonment of either description for a term which may extend to three years and with fine which may extend to five lakh rupees and in the event of second or subsequent conviction with imprisonment of either description for a term which may extend to five years and also with fine which may extend to ten lakh rupees.
Amendments to this section
- Subs. by Act 10 of 2009, s. 32, for sections 66 and 67 (w.e.f. 27-10-2009).
Section 67 IT Act in Simple Words
Section 67 IT Act punishes publishing or transmitting obscene material in electronic form, as well as causing such material to be published or transmitted. The offence applies whether a person posts or sends the electronic material directly or arranges for another person or system to publish or transmit it.
Material falls under Section 67 IT Act in any of three situations. First, the material is lascivious. Second, the material appeals to the prurient interest. Third, the effect of the material is such as to tend to deprave and corrupt persons who, having regard to all relevant circumstances, are likely to read, see or hear the matter contained or embodied in it.
On a first conviction, the punishment is simple or rigorous imprisonment for up to 3 years and a fine of up to ₹5 lakh. On a second or later conviction, the punishment rises to simple or rigorous imprisonment for up to 5 years and a fine of up to ₹10 lakh. Both imprisonment and fine apply on conviction.
Under Section 77B IT Act, the offence is cognizable (meaning the police can register an FIR and arrest without a warrant), and a first conviction offence is bailable (meaning the accused can claim bail as of right). Because a second or later conviction carries up to 5 years imprisonment, Part II of the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) makes a repeat offence non-bailable, so bail is decided by the court, while a Magistrate of the first class tries both first and repeat offences. Section 294 BNS (formerly Section 292 of the Indian Penal Code) separately punishes obscenity, including in electronic form. Section 294 BNS (formerly Section 292 of the Indian Penal Code) separately punishes obscenity, including in electronic form. Section 294 BNS (formerly Section 292 of the Indian Penal Code) separately punishes obscenity, including in electronic form. Section 294 BNS (formerly Section 292 of the Indian Penal Code) separately punishes obscenity, including in electronic form. Section 294 BNS (formerly Section 292 of the Indian Penal Code) separately punishes obscenity, including in electronic form. Section 294 BNS (formerly Section 292 of the Indian Penal Code) separately punishes obscenity, including in electronic form. Section 67 IT Act was enacted by substitution of Sections 66 and 67 by Act 10 of 2009 with effect from 27 October 2009.
Ingredients of Section 67 IT Act
- The accused publishes or transmits material, or causes material to be published or transmitted.
- The publication or transmission takes place in electronic form.
- The material is lascivious, or appeals to the prurient interest, or has an effect that tends to deprave and corrupt persons who, having regard to all relevant circumstances, are likely to read, see or hear the matter contained or embodied in it.
Punishment Under Section 67 IT Act
First conviction: up to 3 years. Second or later conviction: up to 5 years. Simple or rigorous
First conviction: up to ₹5 lakh. Second or later conviction: up to ₹10 lakh. Imprisonment and fine
Section 77B IT Act makes both cognizable, and makes the first conviction offence, punishable with up to 3 years, bailable. A second or later conviction carries up to 5 years, so Part II of the First Schedule to the BNSS makes it non-bailable. Both are tried by a Magistrate of the first class. Section 77A IT Act allows compounding only of an offence for which no punishment above 3 years is provided, and never where the accused is liable to enhanced punishment because of a previous conviction.
A first conviction under Section 67 IT Act carries simple or rigorous imprisonment for up to 3 years and a fine of up to ₹5 lakh, while a second or later conviction carries simple or rigorous imprisonment for up to 5 years and a fine of up to ₹10 lakh. Both first and repeat offences are cognizable and tried by a Magistrate of the first class, with a first conviction offence being bailable under Section 77B IT Act and a repeat offence being non-bailable under Part II of the First Schedule to the BNSS. Under Section 77A IT Act, a court may compound (settle) only an offence for which no punishment above 3 years is provided, and never where the accused is liable to enhanced punishment because of a previous conviction.
Example of Section 67 IT Act
When Section 67 IT Act Does Not Apply
- Under the proviso to Section 67B IT Act, Section 67 IT Act does not extend to any book, pamphlet, paper, writing, drawing, painting, representation or figure in electronic form whose publication is proved to be justified for the public good as being in the interest of science, literature, art, learning or other objects of general concern, or which is kept or used for bona fide heritage or religious purposes.
FAQs on Section 67 IT Act
What is Section 67 IT Act?▼
Section 67 IT Act makes it a criminal offence to publish or transmit obscene material in electronic form, or to cause such material to be published or transmitted. On a first conviction, the offender faces simple or rigorous imprisonment for up to 3 years and a fine of up to ₹5 lakh, rising to up to 5 years imprisonment and ₹10 lakh fine on a second or later conviction.
Is a first offence under Section 67 IT Act bailable?▼
Yes. Under Section 77B IT Act, a first conviction offence punishable with up to 3 years imprisonment is bailable, so the accused can claim bail as of right. However, a second or later conviction offence carries up to 5 years imprisonment and is non-bailable under Part II of the First Schedule to the BNSS.
Can the police register an FIR and arrest without a warrant under Section 67 IT Act?▼
Yes. Section 77B IT Act makes offences punishable with imprisonment of 3 years and above cognizable, so both a first offence and a repeat offence under Section 67 IT Act are cognizable.
Can a court impose only a fine without imprisonment under Section 67 IT Act?▼
No. Section 67 IT Act prescribes both imprisonment and fine on a first conviction as well as on a second or later conviction, so fine cannot be imposed instead of imprisonment.
Can a repeat offence under Section 67 IT Act be compounded?▼
No. Section 77A IT Act allows compounding only of an offence for which no punishment above 3 years is provided, and never where the accused is liable to enhanced punishment because of a previous conviction.
Which court tries an offence under Section 67 IT Act?▼
A Magistrate of the first class. Both first conviction offences and second or later conviction offences under Section 67 IT Act are tried by a Magistrate of the first class.
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Sources: Bare Act Text, Information Technology Act, 2000 ·