67. Punishment for publishing or transmitting obscene material in electronic form

67. Punishment for publishing or transmitting obscene material in electronic form

Whoever

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

in the electronic form, any material which

• is lascivious or
• appeals to the prurient interest or
• if its effect is such as to tend to deprave and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it,

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 one lakh rupees

and in the event of a second or subsequent conviction with

• imprisonment of either description for a term which may extend to ten years and
• also with fine which may extend to two 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

lascivious = lewd

prurient interest = arousing an interest in sex

deprave = make immoral

Examples

• Showing pornography to a child