67 B. Punishment for publishing or transmitting of material depicting children in sexually explicit act, etc. in electronic form

67 B. Punishment for publishing or transmitting of material depicting children in sexually explicit act, etc. in electronic form

Whoever

(a) publishes or transmits or

causes to be published or transmitted material in any electronic form which depicts children  engaged in sexually explicit act or conduct

or

(b) creates text or digital images, collects, seeks, browses, downloads, advertises, promotes, exchanges or distributes material in any electronic form depicting children in obscene or indecent or sexually explicit manner

or

(c) cultivates, entices or induces children to online relationship with one or more children for and on sexually explicit act or in a manner that may offend a reasonable adult on the computer resource

or

(d) facilitates abusing children online

or

(e) records in any electronic form own abuse or that of others pertaining to sexually explicit act with children,

shall be punished

on first conviction with

  • imprisonment of either description for a term which may extend to five years and
  • with a 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 this section 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

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