67 A. Punishment for publishing or transmitting of material containing sexually explicit act, etc. in electronic form

67 A. Punishment for publishing or transmitting of material containing sexually explicit act, etc. in electronic form

Whoever

  • publishes or
  • transmits or
  • causes to be published or transmitted

in the electronic form any material which contains sexually explicit act or conduct shall be punished

on first conviction with

  • imprisonment of either description for a term which may extend to five years and with fine which may extend to ten lakh rupees and

in the event of second or subsequent conviction with

  • imprisonment of either description for a term which may extend to seven years and
  • also with fine which may extend to ten lakh rupees.

Exceptions

Provided that the provisions of section 67, section 67A and 67B does not extend to any book, pamphlet, paper, writing, drawing, painting, representation or figure in electronic form-

(i) The publication of which is proved to be justified as being for the public good on the ground that such book, pamphlet, paper writing, drawing, painting, representation or figure is in the interest of science, literature, art or learning or other objects of general concern; or

(ii) which is kept or used for bonafide heritage or religious purposes

Summary

This act refers to pornography, but does not define what a sexually explicit act is or includes.

Taking a reference from US law on the same subject, 18 U.S. Code § 2256 states that:

“sexually explicit conduct” means—
(i) graphic sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, or lascivious simulated sexual intercourse where the genitals, breast, or pubic area of any person is exhibited;
(ii) graphic or lascivious simulated;
(I) bestiality;
(II) masturbation; or
(III) sadistic or masochistic abuse; or
(iii) graphic or simulated lascivious exhibition of the genitals or pubic area of any person;

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