Section 67B IT Act: Punishment for publishing or transmitting of material depicting children in sexually explicit act, etc., in electronic form
Information Technology Act, 2000
Section 67B IT Act at a Glance
Section 67B IT Act punishes publishing, creating, browsing, downloading or distributing electronic material depicting children under 18 years in a sexually explicit manner, and online child abuse. First conviction carries up to 5 years imprisonment and ₹10 lakh fine.
First conviction: up to 5 years. Second or later conviction: up to 7 years. Simple or rigorous
Section 67B IT Act Bare Act Text
67B. Punishment for publishing or transmitting of material depicting children in sexually explicit act, etc., in electronic form.
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.
Amendments to this section
- Subs. by Act 10 of 2009, s. 32, for sections 66 and 67 (w.e.f. 27-10-2009).
Section 67B IT Act in Simple Words
Section 67B IT Act punishes electronic offences involving sexually explicit, obscene or indecent material depicting children, as well as online sexual enticement and abuse of children. Under clause (a), it is an offence to publish or transmit, or cause to be published or transmitted, material in any electronic form depicting children engaged in a sexually explicit act or conduct. Under clause (b), it is also an offence to create text or digital images, or to collect, seek, browse, download, advertise, promote, exchange or distribute material in any electronic form depicting children in an obscene, indecent or sexually explicit manner.
Clause (c) covers cultivating, enticing or inducing children into an online relationship with one or more children for a sexually explicit act, or in a manner that may offend a reasonable adult on a computer resource. Clause (d) punishes facilitating the abuse of children online, and clause (e) punishes recording in any electronic form the offender's own abuse, or abuse by others, relating to a sexually explicit act with children. The Explanation to Section 67B IT Act defines children as any person who has not completed 18 years of age.
A first conviction 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. Under Section 77B IT Act and Part II of the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), the offence is cognizable (police can register an FIR and arrest without a warrant), non-bailable (bail is decided by the court), and tried by a Magistrate of the first class; Section 77A IT Act bars compounding because the punishment exceeds 3 years. Section 67B IT Act was enacted by substitution of Sections 66 and 67 by Act 10 of 2009 with effect from 27 October 2009. Using a child for pornographic purposes and storing pornographic material involving a child are also offences under Sections 14 and 15 of the Protection of Children from Sexual Offences Act, 2012. Using a child for pornographic purposes and storing pornographic material involving a child are also offences under Sections 14 and 15 of the Protection of Children from Sexual Offences Act, 2012. Using a child for pornographic purposes and storing pornographic material involving a child are also offences under Sections 14 and 15 of the Protection of Children from Sexual Offences Act, 2012. Using a child for pornographic purposes and storing pornographic material involving a child are also offences under Sections 14 and 15 of the Protection of Children from Sexual Offences Act, 2012. Using a child for pornographic purposes and storing pornographic material involving a child are also offences under Sections 14 and 15 of the Protection of Children from Sexual Offences Act, 2012. Using a child for pornographic purposes and storing pornographic material involving a child are also offences under Sections 14 and 15 of the Protection of Children from Sexual Offences Act, 2012.
A proviso to Section 67B IT Act excludes certain material from Section 67, Section 67A and Section 67B IT Act. Those three sections do not extend to any book, pamphlet, paper, writing, drawing, painting, representation or figure in electronic form if its publication is proved to be justified for the public good because it is in the interest of science, literature, art, learning or other objects of general concern, or if it is kept or used for bona fide (genuine) heritage or religious purposes.
Ingredients of Section 67B IT Act
- The person depicted or targeted is a child, defined by the Explanation to Section 67B IT Act as a person who has not completed 18 years of age.
- Publishing, transmitting, or causing to be published or transmitted, material in any electronic form depicting children engaged in a sexually explicit act or conduct (clause (a)).
- Creating text or digital images, or collecting, seeking, browsing, downloading, advertising, promoting, exchanging or distributing electronic material depicting children in an obscene, indecent or sexually explicit manner (clause (b)).
- Cultivating, enticing or inducing children into an online relationship with one or more children for a sexually explicit act or in a manner that may offend a reasonable adult on a computer resource (clause (c)).
- Facilitating the abuse of children online (clause (d)), or recording in any electronic form the offender's own abuse or abuse by others relating to a sexually explicit act with children (clause (e)).
Punishment Under Section 67B IT Act
First conviction: up to 5 years. Second or later conviction: up to 7 years. Simple or rigorous
Up to ₹10 lakh. Imprisonment and fine
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 67B IT Act 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 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. Under Section 77A IT Act, the offence cannot be compounded because the prescribed imprisonment exceeds 3 years.
Example of Section 67B IT Act
When Section 67B IT Act Does Not Apply
- Any book, pamphlet, paper, writing, drawing, painting, representation or figure in electronic form whose publication is proved to be justified as being for the public good because it is in the interest of science, literature, art, learning or other objects of general concern (Proviso, clause (i)).
- Any book, pamphlet, paper, writing, drawing, painting, representation or figure in electronic form that is kept or used for bona fide heritage or religious purposes (Proviso, clause (ii)).
FAQs on Section 67B IT Act
What is Section 67B IT Act?▼
Section 67B IT Act punishes publishing, creating, seeking, browsing, downloading or distributing electronic material depicting children in an obscene, indecent or sexually explicit manner, as well as online sexual enticement, facilitation of online abuse and electronic recording of sexual abuse of children. A first conviction carries simple or rigorous imprisonment for up to 5 years and a fine of up to ₹10 lakh, rising to up to 7 years imprisonment and ₹10 lakh fine on a second or later conviction.
Who is considered a child under Section 67B IT Act?▼
Any person under 18 years of age. The Explanation to Section 67B IT Act states that children means a person who has not completed the age of 18 years.
Is merely browsing or downloading such material an offence under Section 67B IT Act?▼
Yes. Section 67B(b) IT Act expressly covers a person who seeks, browses, collects or downloads material in any electronic form depicting children in an obscene, indecent or sexually explicit manner, even without publishing or forwarding it.
Is an offence under Section 67B IT Act bailable or compoundable?▼
Neither. Under Section 77B IT Act, Section 77A IT Act and Part II of the First Schedule to the BNSS, an offence under Section 67B IT Act is non-bailable and cannot be compounded because the maximum imprisonment exceeds 3 years.
Does Section 67B IT Act have an exception for heritage, religious or scientific material?▼
Yes. Under the proviso to Section 67B IT Act, Section 67, Section 67A and Section 67B IT Act do not extend to specified electronic works whose publication is proved to be justified for the public good in the interest of science, literature, art, learning or other objects of general concern, or that are kept or used for bona fide heritage or religious purposes.
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Sources: Bare Act Text, Information Technology Act, 2000 ·