Punishment for publishing or transmitting of material containing sexually explicit act, etc., in electronic form
Section 67A of the Information Technology Act, 2000 deals with 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 The Act came into force on 17 Oct 2000.
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.
Section 67A, The Information Technology Act, 2000 (Act 21 of 2000).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Sharat Babu Digumarti vs Govt of Nct of Delhi
Court's Decision & Legal Precedent
When an alleged offence pertains to obscene material in electronic form, the offence falls exclusively under the special provisions of the Information Technology Act, 2000 (specifically Sections 67, 67A, and 67B), and not under the general provisions of Section 292 of the Indian Penal Code. The IT Act, being a special enactment with specific provisions for electronic records and containing an overriding effect clause (Section 81), prevails over the IPC. Therefore, an accused who has been discharged from prosecution under Section 67 of the IT Act cannot subsequently be prosecuted under Section 292 IPC for the same conduct involving obscene material in electronic form. The principle that special laws prevail over general laws, particularly when both contain non-obstante clauses, mandates that the IT Act provisions apply to electronic records, and the protection and effect of Section 79 (intermediary protection) cannot be ignored or negated.
On this section: Punishment for publishing or transmitting material containing sexually explicit acts in electronic form. Part of complete code for electronic obscenity offences
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Subhranshu Rout @ Gugul v. State of Odisha
Court's Decision & Legal Precedent
Bail refused in a rape/IT-Act pornography case. The Court recognised a victim's right to be forgotten / right to erasure as part of Article 21 privacy (Puttaswamy applied) against non-consensual circulation of intimate images, while holding that CrPC 439 bail could not be used to force takedown as a condition in lieu of custody analysis. AFR full judgment of S.K. Panigrahi J. Do not use same-date order-7.pdf (unverified).
On this section: Sexually explicit electronic material (IT 67A) charged on the intimate-image circulation; bail refused.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 67A
What have the courts held on Section 67A of the Information Technology Act?
Sharat Babu Digumarti vs Govt of Nct of Delhi (14 Dec 2016) is the leading judgment on this section among those set out below: Punishment for publishing or transmitting material containing sexually explicit acts in electronic form. Part of complete code for electronic obscenity offences. Another 1 judgment on this section is set out below, 1 of them from the Supreme Court. They run from 2016 to 2020.
How do I find court cases under Section 67A of the Information Technology Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: IT Act 67A, section 67A IT Act, section 67A of the Information Technology Act. People searching for it also type it act 67a punishment and it act 67a bailable or not. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Sharat Babu Digumarti vs Govt of Nct of Delhi (14 Dec 2016).
What should I read with Section 67A of the Information Technology Act, and has it changed?
1 other provision in this corpus refers back to it.
When did Section 67A of the Information Technology Act come into force?
Section 67A of the Information Technology Act, cited as IT Act 67A, came into force on 17 Oct 2000, having been enacted on 09 Jun 2000. It is in force as at the date shown on this page.
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Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.