What Is Section 67

The section 67 is “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”.

 

Section 67 A, Publishing Or Transmitting Of Material Containing Sexually Explicit Act, etc. In Electronic Form

The section 67 A is “Whoever publishes or transmits or causes to be published or transmitted in the electronic form any material which contains sexually explicit act or conduct ”

 

Section 67 B, Punishment For Publishing Or Transmitting Of Material Depicting Children In Sexually Explicit Act, etc. In Electronic Form

The section 67 B is”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.
(b) creates text or digital images, collects, seeks, browses, downloads, advertises, promotes, exchanges or distributes material in any electronic form depicting children in an obscene or indecent or sexually explicit manner.
(c) cultivates, entices or induces children to an 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.
(d) facilitates abusing children online.
(e) records in any electronic form own abuse or that of others pertaining to sexually explicit act with children.

Source: Section 67 B

 

Section 67 C, Preservation And Retention Of Information By Intermediaries

The section 67 C is “Intermediary shall preserve and retain such information as may be specified for such duration and in such manner and format as the Central Government may prescribe”.

 

Punishment Of Section 67

Section 67, 67A, 67B

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.

 

Section 67C

Any intermediary who intentionally or knowingly contravenes the provisions of sub-section (1) shall be punished with an imprisonment for a term which may extend to three years and also be liable to fine

 

Reduction In Section 67

• This provision suffers from three shortcomings.
• Firstly, it has several undefined terms.
• Secondly, it criminalizes consensual conduct.
• Thirdly, its object remains unclear, which makes it arbitrary and transgresses the principle under Article 14 of the Constitution.

 

Explanation Of Section 67

For the purposes of this section, “children” means a person who has not completed the age of 18 years.

 

Also read :- Section 66, Hacking with computer systems , Data Alteration

Also read :- Section 65, Tampering with computer source Documents