Punishment for publishing or transmitting of material depicting children in sexually explicit act, etc., in electronic form
Section 67B of the Information Technology Act, 2000 deals with 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; The Act came into force on 17 Oct 2000.
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.
Section 67B, 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 depicting children in sexually explicit acts in electronic form. Part of complete code for electronic obscenity offences
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Nupur Ghatge v. State of Madhya Pradesh
Court's Decision & Legal Precedent
Final Order order-1.pdf 2022-03-08 DATE VERIFIED. G.S. Ahluwalia. 482 quash of Cyber Cell FIR under IT 67B dismissed. Extracts full s.67B: collecting/browsing/downloading/recording child-porn material on Instagram is 67B(b)/(e); the offence is cognizable so police may register on information without a victim-complainant; IPC 84 lunacy is not made out by 'lust affecting the central nervous system'. Map it-act 67B only. Do not pad ipc 84 or crpc 482 (already filled).
On this section: IT 67B covers collecting, browsing, downloading or recording child-pornography in electronic form and is cognizable without a victim-complainant (Nupur Ghatge).
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State Inspector of Police, Repalle Ps vs Pallapati Nissi Kumar Alias Boyaz
Court's Decision & Legal Precedent
In cases relating to rape, the victim's evidence is crucial and significant. In the absence of credible testimony from the victim corroborating the allegations of sexual assault, the prosecution cannot prove the charge of rape beyond reasonable doubt, even if other circumstantial or medical evidence is available. The burden of proof lies on the prosecution to establish guilt beyond reasonable doubt, and when the victim turns hostile and denies the allegations, the prosecution's case fails for lack of essential evidence.
On this section: Punishment for publishing or transmitting obscene material in electronic form; applies to non-consensual videography and threat to exhibit intimate videos
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 67B
What have the courts held on Section 67B 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 depicting children in sexually explicit acts in electronic form. Part of complete code for electronic obscenity offences. Another 2 judgments on this section are set out below, 1 of them from the Supreme Court. They run from 2016 to 2025.
How do I find court cases under Section 67B 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 67B, section 67B IT Act, section 67B of the Information Technology Act. People searching for it also type it act 67b punishment and it act 67b browsing. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 3 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 67B of the Information Technology Act, and has it changed?
Its own text turns on section 67 (Punishment for publishing or transmitting obscene material in electronic form), section 67A (Punishment for publishing or transmitting of material containing sexually explicit act, etc., in electronic form), so none of them can safely be read on its own.
When did Section 67B of the Information Technology Act come into force?
Section 67B of the Information Technology Act, commonly called child pornography online, and cited as IT Act 67B, 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.
Other sections of this Act
- 2. Definitions1304 words
- 87. Power of Central Government to make rules877 words
- 43. Penalty and compensation for damage to computer, computer system, etc506 words
- 46. Power to adjudicate370 words
- 89. Power of Controller to make regulations345 words
- 70B. Indian Computer Emergency Response Team to serve as national agency for incident response326 words
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.