Information Technology Act 2000 Section 27
IT Act Section 27 defines offences related to publishing obscene material in electronic form and its penalties.
Section 27 of the Information Technology Act, 2000 addresses the offence of publishing or transmitting obscene material in electronic form. It criminalises the act of sending, publishing, or causing to be published any material that is lascivious or appeals to prurient interest through digital means. This section is crucial in regulating online content and protecting users from harmful digital exposure.
In today's digital environment, where content spreads rapidly, Section 27 helps safeguard societal morals and prevents misuse of technology for distributing obscene materials. It impacts internet users, content creators, intermediaries, and law enforcement agencies by setting clear boundaries on acceptable online behaviour.
Information Technology Act Section 27 – Exact Provision
This section prohibits the electronic publication or transmission of obscene content that can corrupt or deprave viewers. It focuses on protecting public morality by penalising those who distribute such material digitally. The law applies broadly to anyone involved in the creation, transmission, or publication of obscene electronic content.
Criminalises publishing or transmitting obscene material electronically.
Targets content that appeals to prurient interest or is lascivious.
Penalties include imprisonment up to five years and fines.
Applies to publishers, transmitters, and those causing publication.
Aims to protect societal morals in the digital space.
Explanation of Information Technology Act Section 27
Section 27 prohibits the electronic dissemination of obscene content that can corrupt viewers. It applies to all digital platforms and users involved in such acts.
States that publishing or transmitting obscene material electronically is an offence.
Applies to individuals, intermediaries, content creators, and service providers.
Triggered by acts of sending, publishing, or causing publication of obscene content.
Legal criteria include the nature of the material being lascivious or appealing to prurient interest.
Allows lawful content but prohibits obscene or corrupting material.
Prohibits any electronic form of obscene publication or transmission.
Purpose and Rationale of IT Act Section 27
This section aims to protect users and society from harmful digital content. It prevents the spread of obscene material that can negatively influence public morals and ensures a safer online environment.
Protects users in the digital ecosystem from obscene content.
Prevents cybercrimes related to digital obscenity.
Ensures secure and responsible electronic communication.
Regulates online behaviour to uphold societal values.
When IT Act Section 27 Applies
Section 27 applies when obscene material is published or transmitted electronically. It can be invoked by law enforcement when evidence of digital obscenity is found.
When obscene content is sent, published, or caused to be published electronically.
Law enforcement agencies and affected parties can invoke this section.
Requires digital evidence such as messages, emails, or online posts.
Relevant to computers, networks, and electronic communication devices.
Exceptions include content with legitimate artistic, literary, or scientific value.
Legal Effect of IT Act Section 27
This section creates a criminal offence for electronic obscenity. It restricts the right to publish obscene digital content and imposes penalties to deter such acts. The law complements Indian Penal Code provisions on obscenity and protects public morality online.
Penalties include imprisonment up to five years and fines. It impacts individuals, companies, and online platforms by holding them accountable for obscene content. The section works alongside IPC sections related to obscenity and public decency.
Creates criminal liability for electronic obscenity.
Penalties include imprisonment and fines.
Impacts content creators and intermediaries.
Nature of Offence or Liability under IT Act Section 27
Section 27 imposes criminal liability for publishing obscene material electronically. The offence is cognizable and non-bailable, reflecting its seriousness. Arrest may be made without a warrant depending on circumstances.
Criminal offence with cognizable status.
Non-bailable nature to ensure strict enforcement.
Arrest can be made without warrant if necessary.
Liability extends to publishers, transmitters, and facilitators.
Stage of Proceedings Where IT Act Section 27 Applies
This section is relevant throughout the criminal justice process, from investigation to appeal. Digital evidence plays a key role in establishing offences under this provision.
Investigation involves collecting digital data, messages, and logs.
Evidence collection includes electronic records and metadata.
Complaints filed by victims or authorities trigger proceedings.
Trial examines the nature and impact of the obscene material.
Appeals can be made against convictions or acquittals.
Penalties and Consequences under IT Act Section 27
Violators face imprisonment up to five years and fines. Companies and intermediaries may also be held liable for failing to prevent obscene content. Compensation to victims may be ordered in some cases.
Imprisonment up to five years.
Monetary fines as determined by the court.
Corporate and intermediary liability for content control.
Possible compensation for affected individuals.
Example of IT Act Section 27 in Practical Use
Consider "X", who uploads explicit videos on a social media platform without consent or censorship. Authorities find the content lascivious and harmful to public morality. Under Section 27, X is prosecuted for publishing obscene material electronically. The platform is also examined for failing to remove the content promptly.
Section 27 applies to digital publication of obscene videos.
Both uploader and platform may face legal consequences.
Historical Background of IT Act Section 27
The IT Act was introduced in 2000 to regulate electronic commerce and cybercrime. Section 27 specifically addresses the need to control obscene digital content. The 2008 Amendment Act expanded provisions to keep pace with evolving technology and online behaviour.
Introduced to regulate digital content and cyber offences.
Amended in 2008 to strengthen cybercrime laws.
Interpretation evolved with internet growth and social media.
Modern Relevance of IT Act Section 27
In 2026, cybersecurity and data protection are critical. Section 27 remains vital for controlling obscene content amid rising online communication and social media use. Enforcement faces challenges due to anonymity and cross-border issues.
Digital evidence crucial for prosecution.
Ensures online safety and public decency.
Challenges include anonymity and jurisdiction.
Related Sections
IT Act Section 67 – Punishment for publishing obscene material in electronic form.
IT Act Section 66E – Violation of privacy through electronic means.
IPC Section 292 – Sale and distribution of obscene books and materials.
IPC Section 294 – Obscene acts and songs in public places.
Evidence Act Section 65B – Admissibility of electronic evidence.
CrPC Section 91 – Summons for production of electronic records.
Case References under IT Act Section 27
- Avnish Bajaj v. State (2005, Delhi HC)
– Established liability for publishing obscene content online under IT Act provisions.
- Shreya Singhal v. Union of India (2015, SC)
– Discussed freedom of speech and limitations related to online obscenity laws.
Key Facts Summary for IT Act Section 27
Section: 27
Title: Publishing Obscene Material in Electronic Form
Category: Cybercrime, Content Regulation
Applies To: Individuals, intermediaries, content publishers
Stage: Investigation, trial, appeal
Legal Effect: Criminal offence with penalties
Penalties: Imprisonment up to 5 years, fines
Conclusion on IT Act Section 27
Section 27 of the IT Act, 2000 plays a crucial role in regulating obscene content in the digital world. It protects societal morals by criminalising the electronic publication and transmission of lascivious material. This section ensures that technology is not misused to spread harmful content that can deprave or corrupt viewers.
With the rapid growth of internet usage and social media platforms, Section 27 remains relevant in 2026. It holds individuals and intermediaries accountable, promoting responsible online behaviour. Enforcement challenges persist, but the section provides a strong legal framework to combat digital obscenity and protect users.
FAQs on IT Act Section 27
What constitutes obscene material under Section 27?
Obscene material includes any electronic content that is lascivious or appeals to prurient interest and tends to deprave or corrupt persons likely to view it.
Who can be held liable under Section 27?
Individuals who publish, transmit, or cause the publication of obscene electronic content, including intermediaries and platforms, can be held liable.
What are the penalties for violating Section 27?
Violators may face imprisonment up to five years and fines. Companies may also be held responsible for failing to control such content.
Does Section 27 apply to all electronic platforms?
Yes, it applies to any electronic form including websites, social media, emails, and other digital communication platforms.
Are there any exceptions to what is considered obscene?
Content with legitimate artistic, literary, scientific, or educational value is generally exempt from being classified as obscene under this section.