Section 67 of the Information Technology Act, 2000, deals with the punishment for publishing or transmitting obscene material in electronic form. Here’s a detailed look at the provisions and punishments under this section:
Section 67: Punishment for Publishing or Transmitting Obscene Material
- Offense: If any person 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 who are likely to read, see or hear the matter contained or embodied in it.
- Punishment: The punishment for such offenses can extend to:
- First Conviction: Imprisonment up to three years and a fine up to five lakh rupees.
- Second or Subsequent Conviction: Imprisonment up to five years and a fine up to ten lakh rupees.
Key Points
- Lascivious Material: The material must be lascivious or appeal to prurient interests.
- Electronic Form: The offense specifically pertains to material published or transmitted in electronic form.
- Intent: The material must have the effect of depraving and corrupting persons who are likely to read, see, or hear it.
Examples of Offenses
- Obscene Websites: Hosting or sharing obscene content on websites.
- Obscene Messages: Sending obscene messages or images through email or social media.
Understanding the provisions of Section 67 is crucial for anyone involved in digital content creation or distribution, as it outlines the legal consequences of publishing or transmitting obscene material.
