Introduction to Section 67A & 67B of the IT Act
The Information Technology Act, 2000, amended in 2008, provides India’s foundational legal framework for online offences. Among its most crucial provisions are Section 67A and Section 67B, which criminalize the publishing, transmitting, or viewing of obscene and sexually explicit content, including Child Sexual Abuse Material (CSAM).
These sections serve as digital extensions of the Indian Penal Code’s Sections 292 and 293, addressing obscenity in print and visual media. As India’s digital footprint grows, so do cyber offences related to online exploitation and indecent content circulation.
Why These Sections Were Introduced
The early 2000s witnessed several high-profile cybercrime cases involving obscene material shared online, prompting amendments to the IT Act. The 2008 Amendment introduced Sections 67A and 67B to strengthen legal deterrence against digital obscenity, particularly child exploitation and pornographic distribution over the internet.
What Section 67A of the IT Act Covers
Definition of “Obscene Content” Under the Act
Section 67A targets individuals or entities who publish or transmit sexually explicit material in electronic form.
“Sexually explicit” is interpreted through judicial precedent to mean content appealing solely to prurient interests or that offends decency and morality.
Legal Text (Simplified):
“Whoever publishes or transmits or causes to be published or transmitted in electronic form any material which contains sexually explicit act or conduct shall be punished…”
Punishment and Penalties Under Section 67A
- First Conviction: Imprisonment up to 5 years and a fine up to ₹10 lakh.
- Subsequent Convictions: Imprisonment up to 7 years and a fine up to ₹10 lakh.
This section aims to hold accountable not only the creators and uploaders but also intermediaries (platforms, ISPs, or content hosts) if they fail to take down such material upon notification.
Understanding Section 67B – CSAM (Child Sexual Abuse Material)
What Qualifies as CSAM Content
Section 67B specifically criminalizes the publishing, transmitting, browsing, or collecting of child sexual abuse material—any depiction of a child engaged in sexually explicit acts, real or simulated.
It covers:
- Producing or transmitting CSAM.
- Downloading or viewing such material knowingly.
- Advertising or distributing links to such content.
Punishment and Legal Consequences Under Section 67B
- First Offence: Up to 5 years imprisonment and fine up to ₹10 lakh.
- Subsequent Offence: Up to 7 years imprisonment and fine up to ₹10 lakh.
The law explicitly recognizes that even viewing or possession of CSAM is punishable, reflecting India’s strict stance under global cyber protection norms.
Difference Between Section 67, 67A, and 67B
| Provision | Nature of Offence | Subject | Punishment |
|---|---|---|---|
| Section 67 | Publishing or transmitting obscene material | General Obscenity | 3 years & ₹5 lakh (first offence) |
| Section 67A | Sexually explicit acts | Adult Sexual Content | 5 years & ₹10 lakh |
| Section 67B | Child Sexual Abuse Material (CSAM) | Child Exploitation | 5 years & ₹10 lakh |
Key Takeaway:
Section 67 covers general obscenity, while 67A and 67B deal with more aggravated offences — sexually explicit content and CSAM respectively.
Important Case Laws and Judicial Interpretations
1. Avnish Bajaj v. State (Bazee.com Case, 2005)
A student uploaded an obscene MMS clip on an online platform. The CEO of Bazee.com (now eBay India) was arrested under Section 67 of the IT Act.
This case highlighted intermediary liability and led to the 2008 Amendment, introducing 67A & 67B to clearly define responsibility.
2. Shreya Singhal v. Union of India (2015)
While striking down Section 66A (for curbing free speech), the Supreme Court upheld Sections 67, 67A, and 67B as reasonable restrictions under Article 19(2) to protect decency and morality online.
Preventive Measures and Cyber Awareness
Guidelines for Content Creators and Online Users
- Avoid sharing or forwarding explicit material, even as a joke — it can constitute transmission under Section 67A.
- Do not download or view CSAM; even viewing is a criminal act under Section 67B.
- Use trusted reporting mechanisms:
- Report CSAM or obscene content at https://cybercrime.gov.in.
- Alert the Cyber Crime Cell, Bihar Police.
- For Intermediaries: Implement strict content moderation and prompt removal upon notice (as per IT Rules, 2021).
Case Study: The Bazee.com Incident (2004)
In this landmark case, an obscene video clip was listed for sale on Bazee.com. Even though the platform did not produce the content, its CEO was arrested for failing to prevent transmission.
The incident triggered national debate on online platform liability, directly influencing the drafting of Sections 67A and 67B in the IT (Amendment) Act, 2008.
Conclusion – Upholding Digital Morality and Legal Responsibility
The punishment under Section 67A and 67B of the IT Act underscores India’s zero-tolerance stance toward obscene and child exploitation content.
Citizens, platforms, and professionals must exercise digital vigilance to maintain ethical and lawful online conduct.
Call to Action
Stay informed — explore more on India’s cyber laws and protect your digital rights. Visit Legal.Bihar.in for simplified legal insights.
Frequently Asked Questions (FAQ)
What is Section 67A of the IT Act?
It penalizes publishing or transmitting sexually explicit material in electronic form.
What is the punishment under Section 67A?
Up to 5 years imprisonment and a fine up to ₹10 lakh.
What is Section 67B of the IT Act?
It criminalizes the publishing, transmitting, or browsing of CSAM (Child Sexual Abuse Material).
How does Section 67B differ from 67A?
Section 67A targets adult obscene content, while 67B focuses specifically on content involving children.
Is viewing obscene content a crime under these sections?
Yes, knowingly viewing or downloading CSAM is punishable.
Can intermediaries (like websites) be held liable?
Yes, if they fail to remove unlawful content upon receiving notice.
Does freedom of speech protect such content?
No, Article 19(2) allows restrictions for decency and morality.
Are there exceptions for art or education?
Only when there’s no sexual exploitation intent or obscenity element.
How can users report CSAM in India?
Through the Cyber Crime Portal: https://cybercrime.gov.in
Which agency enforces these laws?
The Cyber Crime Cell under State Police and MeitY coordinate enforcement.
References
- Ministry of Electronics & Information Technology – MeitY
- Legislative Department – Official Bare Acts Repository
- India Code – Full Text of IT Act, 2000
- Cyber Crime Reporting Portal
- Avnish Bajaj v. State (2005)
- Shreya Singhal v. Union of India (2015)
Author Bio
About the Author – Advocate Tabish Ahmad
Advocate Tabish Ahmad (B.A. LL.B., LL.M., Diploma in Cyber Law – GLC Mumbai) is a Certified Cyber Law Practitioner and practising Advocate at the Patna High Court. He specializes in Cyber Crime, GST Litigation, and Tax Appeals, with extensive experience in representing clients before judicial and quasi-judicial forums.
He serves as President of the Cyber Lawyers Association and is a Member of the Advocates’ Association, Patna High Court. As a Mentor at the Indian Tax Academy and JurisCrack, he guides young lawyers and students in cyber and tax law practice.
Author of several books on Cyber Crimes, Taxation, and GST, Advocate Tabish Ahmad is recognized for his practical insights on digital law, data privacy, and cyber fraud defence.
