Section 67A IT Act: Punishment for publishing or transmitting of material containing sexually explicit act, etc., in electronic form

Information Technology Act, 2000

Section 67A IT Act at a Glance

Section 67A IT Act punishes publishing or transmitting material containing a sexually explicit act or conduct in electronic form, or causing it to be published or transmitted. A first conviction carries up to 5 years imprisonment and fine up to ₹10 lakh.

Punishment

First conviction: up to 5 years. Second or later conviction: up to 7 years. Simple or rigorous

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Magistrate of the first class ⓘ

Section 67A IT Act Bare Act Text

67A. Punishment for publishing or transmitting of material containing sexually explicit act, etc., in electronic form.

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 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.

Amendments to this section
  • Subs. by Act 10 of 2009, s. 32, for sections 66 and 67 (w.e.f. 27-10-2009).

Section 67A IT Act in Simple Words

Section 67A IT Act makes it an offence to publish or transmit in electronic form any material that contains a sexually explicit act or conduct, or to cause such material to be published or transmitted. While Section 67 IT Act covers publishing or transmitting obscene material in electronic form, Section 67A IT Act applies where the electronic material contains a sexually explicit act or conduct and prescribes higher punishment.

Section 67A IT Act covers a person who directly publishes or transmits the electronic material as well as a person who causes the material to be published or transmitted. On a first conviction, the offender faces simple or rigorous imprisonment for up to 5 years and a fine of up to ₹10 lakh. On a second or later conviction, the imprisonment rises to simple or rigorous imprisonment for up to 7 years, together with a fine of up to ₹10 lakh.

Under Section 77B IT Act, an offence under Section 67A IT Act is cognizable (meaning the police can register an FIR and arrest without a warrant), because the maximum imprisonment is 3 years and above. Because Section 77B IT Act makes only offences punishable with 3 years bailable, Part II of the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) governs bail and court jurisdiction: the offence is non-bailable (bail is decided by the court) and is tried by a Magistrate of the first class. Under Section 77A IT Act, the offence cannot be compounded (settled with court permission) because the punishment exceeds 3 years. Section 67A 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 67A IT Act

  • The accused publishes or transmits material, or causes material to be published or transmitted.
  • The publication or transmission is in electronic form.
  • The material contains a sexually explicit act or conduct.

Punishment Under Section 67A IT Act

Imprisonment

First conviction: up to 5 years. Second or later conviction: up to 7 years. Simple or rigorous

Fine

Up to ₹10 lakh. Imprisonment and fine

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Magistrate of the first class ⓘ

Section 77B IT Act makes an offence punishable with imprisonment of 3 years and above cognizable, but makes only one punishable with 3 years bailable. Part II of the First Schedule to the BNSS decides the rest: an offence punishable with imprisonment for 3 years and upwards but not more than 7 years is non-bailable and is tried by a Magistrate of the first class. Section 77A IT Act does not allow it to be compounded, because the punishment exceeds 3 years.

A first conviction under Section 67A IT Act carries simple or rigorous imprisonment for up to 5 years and a fine of up to ₹10 lakh, and a second or later conviction carries simple or rigorous imprisonment for up to 7 years and a fine of up to ₹10 lakh. The offence is cognizable under Section 77B IT Act, and under Part II of the First Schedule to the BNSS it is non-bailable and tried by a Magistrate of the first class. Because the maximum imprisonment exceeds 3 years, Section 77A IT Act does not allow the offence to be compounded.

Example of Section 67A IT Act

Murali forwards a video file containing a sexually explicit act to a public messaging channel from a smartphone in Satara. By sending the file to the channel, Murali transmits material containing a sexually explicit act in electronic form under Section 67A IT Act. Because the offence is cognizable and non-bailable, the police in Satara can register an FIR and arrest Murali without a warrant, and Murali must apply to the court for bail. The case is tried by a Magistrate of the first class, cannot be compounded, and on a first conviction carries simple or rigorous imprisonment for up to 5 years and a fine of up to ₹10 lakh.

When Section 67A IT Act Does Not Apply

  • Under the proviso to Section 67B IT Act, Section 67A 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 67A IT Act

What is Section 67A IT Act?▼

Section 67A IT Act makes it an offence to publish or transmit in electronic form any material containing a sexually explicit act or conduct, or to cause such material to be published or transmitted. A first conviction carries simple or rigorous imprisonment for up to 5 years and a fine of up to ₹10 lakh, while a second or later conviction carries up to 7 years imprisonment and a fine of up to ₹10 lakh.

Is an offence under Section 67A IT Act bailable?▼

No. Section 77B IT Act makes only offences punishable with 3 years imprisonment bailable, and because Section 67A IT Act carries up to 5 years on a first conviction and up to 7 years on a repeat conviction, Part II of the First Schedule to the BNSS makes it non-bailable.

Can a case under Section 67A IT Act be compounded?▼

No. Section 77A IT Act does not allow compounding of an offence where the prescribed imprisonment exceeds 3 years.

Which court tries an offence under Section 67A IT Act?▼

A Magistrate of the first class. Under Part II of the First Schedule to the BNSS, an offence punishable with imprisonment for 3 years and upwards up to 7 years is tried by a Magistrate of the first class.

Is a fine mandatory upon conviction under Section 67A IT Act?▼

Yes. Section 67A IT Act prescribes both imprisonment and fine on a first conviction as well as on a second or later conviction, with the fine extending up to ₹10 lakh.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Information Technology Act, 2000 ·