Information Technology Act 2000 Section 67B
IT Act Section 67B addresses punishment for publishing sexually explicit material involving children online.
Section 67B of the Information Technology Act, 2000, deals with the punishment for publishing or transmitting material in electronic form that depicts children in sexually explicit acts. This section aims to combat child pornography and protect minors from exploitation in the digital space. It is crucial in today's environment where online content spreads rapidly, and children are vulnerable to abuse through digital platforms.
This section impacts internet users, content providers, intermediaries, and law enforcement agencies by setting clear legal boundaries and penalties for offenses involving child sexual abuse material. It helps ensure safer online environments and supports the prosecution of offenders exploiting technology for illegal purposes.
Information Technology Act Section 67B – Exact Provision
This section criminalizes the electronic publication or transmission of child pornography. It imposes severe penalties to deter such acts. The law covers anyone who directly or indirectly causes such material to be shared or made available online.
Targets child pornography in electronic form.
Applies to publishing, transmitting, or causing publication.
Prescribes imprisonment up to five years.
Includes fines up to ten lakh rupees.
Aims to protect children from sexual exploitation online.
Explanation of Information Technology Act Section 67B
This section prohibits the electronic dissemination of sexually explicit material involving children. It applies to all individuals and entities involved in publishing or transmitting such content.
States that publishing or transmitting child pornography electronically is illegal.
Applies to users, intermediaries, content creators, and service providers.
Triggered when child sexual abuse material is shared online.
Legal criteria include depiction of children in sexually explicit acts.
Allows prosecution of those causing or facilitating such publication.
Prohibits creation, sharing, or distribution of such material electronically.
Purpose and Rationale of IT Act Section 67B
The section aims to protect children from sexual exploitation through digital media. It deters offenders from creating or distributing abusive content and supports law enforcement in combating child pornography.
Protects minors in the digital ecosystem.
Prevents online child sexual abuse material.
Ensures accountability for electronic content involving children.
Supports secure and safe internet use.
When IT Act Section 67B Applies
This section applies when sexually explicit material involving children is published or transmitted electronically. It can be invoked by law enforcement agencies upon detection or complaint.
When child pornography is shared online or via electronic means.
Invoked by police, cybercrime units, or authorized officers.
Requires evidence of electronic publication or transmission.
Relevant to digital platforms, websites, social media, emails.
Exceptions do not apply for child protection offenses.
Legal Effect of IT Act Section 67B
This section creates criminal liability for publishing or transmitting child pornography electronically. It restricts such acts and imposes imprisonment and fines. It complements IPC provisions on sexual offences and child protection.
Individuals and companies can face penalties, including imprisonment up to five years and fines up to ten lakh rupees. Platforms hosting such content may also be held liable under intermediary rules.
Creates criminal offence for child pornography online.
Penalties include imprisonment and heavy fines.
Supports prosecution alongside IPC child protection laws.
Nature of Offence or Liability under IT Act Section 67B
The offence under Section 67B is criminal and cognizable. It involves strict liability for publishing or transmitting child sexual abuse material electronically. Arrest can be made without warrant due to the serious nature of the crime.
Criminal liability for offenders.
Cognizable and non-bailable offence.
Arrest without warrant permitted.
Strict liability to deter child exploitation.
Stage of Proceedings Where IT Act Section 67B Applies
The section applies throughout investigation, trial, and appeal stages. Digital evidence like electronic records, metadata, and logs are crucial for prosecution.
Investigation involves collecting electronic evidence.
Complaints filed by victims or authorities.
Trial conducted in sessions court or special courts.
Appeals handled by higher courts.
Penalties and Consequences under IT Act Section 67B
Penalties include imprisonment up to five years and fines up to ten lakh rupees. Corporate entities and intermediaries may face liability if they fail to prevent such content. Compensation to victims may also be awarded.
Imprisonment up to five years.
Fine up to ten lakh rupees.
Corporate and intermediary liability possible.
Victim compensation may be ordered.
Example of IT Act Section 67B in Practical Use
X, a website administrator, knowingly allows sexually explicit images of children to be uploaded and shared on their platform. Authorities investigate and find evidence of transmission of child pornography. Under Section 67B, X is prosecuted and sentenced to imprisonment and fined. The platform is also ordered to remove the content and implement stricter controls.
Section 67B deters hosting child pornography online.
Supports prosecution of digital child exploitation.
Historical Background of IT Act Section 67B
The IT Act was introduced in 2000 to regulate electronic commerce and cybercrime. Section 67B was added via the 2008 Amendment to address growing concerns about child pornography online. The law has evolved to strengthen child protection in cyberspace.
IT Act 2000 established cybercrime laws.
2008 Amendment introduced Section 67B.
Reflects growing need to combat online child exploitation.
Modern Relevance of IT Act Section 67B
In 2026, with increased internet use and social media, child protection remains critical. Section 67B is vital for combating online child sexual abuse material. Challenges include detecting content and enforcing laws across platforms.
Digital evidence crucial for prosecution.
Ensures online safety for children.
Enforcement faces challenges with encrypted and cross-border content.
Related Sections
IT Act Section 43 – Penalty for unauthorised access and data theft.
IT Act Section 66E – Punishment for violation of privacy.
IT Act Section 67 – Publishing obscene material online.
IPC Section 292 – Obscenity laws applicable to child pornography.
IPC Section 376 – Sexual offences against children.
Evidence Act Section 65B – Admissibility of electronic evidence.
Case References under IT Act Section 67B
- State of Maharashtra v. Praful Desai (2003, 4 SCC 601)
– Established principles on electronic evidence admissibility relevant to IT Act prosecutions.
- No landmark case directly interprets this section as of 2026.
Key Facts Summary for IT Act Section 67B
Section: 67B
Title: Punishment for publishing sexually explicit material involving children
Category: Cybercrime, child protection
Applies To: Users, intermediaries, content providers
Stage: Investigation, trial, appeal
Legal Effect: Criminal liability, imprisonment, fines
Penalties: Up to 5 years imprisonment, fine up to 10 lakh rupees
Conclusion on IT Act Section 67B
Section 67B of the IT Act is a critical legal provision aimed at curbing the spread of child pornography through electronic means. It provides stringent penalties to deter offenders and protect children from sexual exploitation online. The law empowers authorities to take swift action against those publishing or transmitting such material.
In the digital age, where content can be shared instantly worldwide, Section 67B plays a vital role in safeguarding minors. It complements other child protection laws and supports a safer internet environment. Continuous enforcement and awareness are essential to uphold the section's objectives effectively.
FAQs on IT Act Section 67B
What does Section 67B of the IT Act prohibit?
Section 67B prohibits publishing or transmitting sexually explicit material involving children in electronic form. It criminalizes such acts to protect minors from exploitation online.
Who can be held liable under Section 67B?
Any individual or entity that publishes, transmits, or causes to publish or transmit child pornography electronically can be held liable under this section.
What are the penalties under Section 67B?
Penalties include imprisonment up to five years and fines up to ten lakh rupees. Corporate and intermediary liability may also apply.
Is Section 67B a cognizable offence?
Yes, offences under Section 67B are cognizable and non-bailable due to the serious nature of child exploitation crimes.
How does Section 67B protect children online?
It deters the creation and sharing of child sexual abuse material electronically, supports prosecution of offenders, and promotes safer digital environments for children.