IPC Section 67

IPC Section 67 addresses the offence of publishing or transmitting obscene material through electronic means. With the rise of digital communication, this section plays a crucial role in regulating content shared online and protecting societal morals. It ensures that obscene content, which can harm public decency, is punishable under law.

This provision is important as it adapts traditional obscenity laws to the digital age, covering websites, social media, emails, and other electronic platforms. It helps maintain ethical standards and prevents the misuse of technology for spreading offensive material.

IPC Section 67 – Exact Provision

In simple terms, this section prohibits the electronic publication or transmission of obscene content that can corrupt or deprave viewers. It covers any material that is sexually explicit or offensive to public morality when shared digitally.

• Applies to electronic forms like internet, emails, social media.

• Targets material that appeals to prurient interest or is lascivious.

• Focuses on the effect on likely viewers, considering context.

• Prescribes imprisonment and fines for violations.

Purpose of IPC Section 67

The main legal objective of Section 67 is to regulate and prevent the spread of obscene content through electronic media. It aims to protect public morality and decency in the digital environment. By criminalizing such acts, the law deters misuse of technology for distributing offensive material that can harm individuals and society.

• Safeguard societal values and public decency online.

• Prevent exploitation of electronic platforms for obscene content.

• Provide legal recourse against offenders publishing such material.

Cognizance under IPC Section 67

Cognizance of offences under Section 67 is generally taken by courts upon receiving a complaint or police report. Since it involves electronic evidence, investigation agencies often work with cyber cells to gather proof.

• Complaints can be filed by affected individuals or authorities.

• Police initiate investigation based on electronic evidence.

• Courts take cognizance once a prima facie case is established.

Bail under IPC Section 67

Offences under Section 67 are non-bailable due to their serious nature affecting public morality. However, bail may be granted at the discretion of the court depending on facts and circumstances.

• Bail is not a matter of right but granted on merit.

• Court considers nature of offence and evidence before granting bail.

• Repeat offenders may face stricter bail conditions or denial.

Triable By (Which Court Has Jurisdiction?)

Cases under IPC Section 67 are triable by a Magistrate Court, typically a Sessions Court if the offence is compounded with other serious crimes. The jurisdiction depends on the gravity and connected offences.

• Magistrate Court tries majority of Section 67 cases.

• Sessions Court handles cases involving higher punishment or multiple charges.

• Cybercrime cells assist courts with technical evidence.

Example of IPC Section 67 in Use

Suppose a person uploads explicit videos on a social media platform accessible to the public. A complaint is filed alleging violation of Section 67. The police investigate and find the content to be lascivious and harmful to public morality. The accused is charged and tried under this section. If convicted, they may face imprisonment and fines.

In contrast, if the material is shared privately without public access or lacks obscene content, the accused may be acquitted, showing the importance of context and intent in such cases.

Historical Relevance of IPC Section 67

Section 67 was introduced to extend obscenity laws to electronic media as digital communication became widespread. It evolved from traditional obscenity provisions in the IPC to address new challenges posed by technology.

• Introduced via Information Technology Act, 2000 amendments.

• Expanded scope from print to electronic media.

• Landmark cases shaped interpretation of electronic obscenity.

Modern Relevance of IPC Section 67

In 2025, Section 67 remains vital for regulating online content amid growing internet use. Courts have interpreted it to balance freedom of expression with public morality. Social media platforms increasingly cooperate with authorities to curb obscene content.

• Addresses challenges of rapid digital content sharing.

• Supports cybercrime investigations and prosecutions.

• Influences platform policies on content moderation.

Related Sections to IPC Section 67

• Section 292 – Sale and distribution of obscene books and materials.

• Section 293 – Obscene objects for sale or hire.

• Section 66E (IT Act) – Privacy violation by capturing images.

• Section 69A (IT Act) – Blocking of public access to information.

• Section 509 – Word, gesture or act intended to insult modesty.

Case References under IPC Section 67

1. Avnish Bajaj v. State (2005, Delhi HC)

   – Held that intermediaries can be liable for obscene content hosted on their platforms.

2. Ranjit D. Udeshi v. State of Maharashtra (1965, SC)

   – Defined obscenity test focusing on depraving effect on likely viewers.

3. Shreya Singhal v. Union of India (2015, SC)

   – Emphasized need to balance free speech with restrictions on obscene content online.

Key Facts Summary for IPC Section 67

• Section:

  67

• Title:

  Publishing Obscene Material Electronically

• Offence Type:

  Non-bailable; Cognizable

• Punishment:

  Imprisonment up to 3 years and fine up to ₹2 lakh; higher for repeat offences

• Triable By:

  Magistrate Court / Sessions Court

Conclusion on IPC Section 67

IPC Section 67 is a crucial legal provision that addresses the challenges posed by the digital age in controlling the spread of obscene content. It protects public morality by criminalizing the electronic publication and transmission of lascivious material. This section ensures that technology is not misused to corrupt societal values.

As digital platforms continue to grow, Section 67’s role becomes even more significant in balancing freedom of expression with the need to maintain decency. Courts and law enforcement agencies rely on it to uphold ethical standards and provide justice in cases involving electronic obscenity.

FAQs on IPC Section 67

What type of content falls under IPC Section 67?

Content that is lascivious, appeals to prurient interest, or tends to deprave and corrupt viewers when published electronically falls under Section 67.

Is IPC Section 67 a bailable offence?

No, offences under Section 67 are generally non-bailable, but bail may be granted at the court’s discretion depending on the case.

Which courts try offences under IPC Section 67?

Mostly Magistrate Courts try these offences, but Sessions Courts may handle serious or multiple charge cases.

Does IPC Section 67 apply to social media platforms?

Yes, publishing or transmitting obscene content on social media is covered under Section 67, and platform intermediaries can be held liable.

What is the punishment under IPC Section 67?

The punishment includes imprisonment up to three years and a fine up to two lakh rupees, with higher penalties for repeat offences.