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Ya_Ta (Software Professional)     10 December 2012

It act 67 p*rn , p*rnography

Hi,


I managed to do some research about Information Technolgy ACT 67

And Want that LCI should have a seperate thread for this ACT which contain all releated document and discussions and clear Q/A.

This thread will educate people about this act.

The Act

IT ACT 67 [2000]

67.  Publishing of information which is obscene in electronic form.
 Whoever publishes or transmits or causes to be published 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 descriptttttion 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 descriptttttion for a term
which may extend to ten years and also with fine which may extend to two lakh rupees.

 

IT ACT 67 [2008] Amendment

 

67 Punishment for publishing or transmitting obscene material in electronic form (Amended vide ITAA 2008)
   
               

Whoever publishes or transmits or causes to be published 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 descriptttttion for a term which may extend to two  three years and with fine which may extend to five lakh rupees and in the event of a second or subsequent conviction with imprisonment of either descriptttttion for a term which may extend to five years and also with fine which may extend to ten lakh rupees.
 
67 A
Punishment for publishing or transmitting of material containing s*xually explicit act,etc. in electronic form (Inserted vide ITAA 2008)

Whoever publishes or transmits or causes to be published or transmitted in the electronic form any material which contains s*xually explicit act or conduct  shall be punished on first conviction  with imprisonment of either descriptttttion 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 descriptttttion for a term which may extend to seven years and also with fine which may extend to ten lakh rupees.


Exception: This section and section 67 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  bona fide  for religious purposes.
   
67 B

Punishment for publishing or transmitting of material depicting children in s*xually 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 s*xually 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 s*xually explicit manner or

(c) cultivates, entices or induces children to online relationship with one or more children for and on s*xually 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 s*xually explicit act with children,

shall be punished on first conviction with imprisonment of either descriptttttion 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 descriptttttion for a term which may extend to seven years and also with fine which may extend to ten lakh rupees:

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

Explanation: For the purposes of this section, "children" means a person who has not completed the age of 18 years.
 
67 C

Preservation and Retention of information by intermediaries

 (1) Intermediary shall preserve and retain such information as may be specified for such duration and in such manner and format as the Central Government may prescribe.

(2) Any intermediary who intentionally or knowingly contravenes the provisions of sub section (1) shall be punished with an imprisonment for a term which may extend to three years and shall also be liable to fine.

Please Post Case Details/Descision which are given so that we get some result over this act defination.

Thank you


 



Learning

 2 Replies

Ya_Ta (Software Professional)     10 December 2012

Hi,


PORN Watching is allowed in private

https://articles.timesofindia.indiatimes.com/2011-05-28/mumbai/29594684_1_iit-student-cyber-cafes-human-rights

https://articles.timesofindia.indiatimes.com/2010-11-25/mumbai/28266098_1_obscenity-charges-bar-girls-bungalow


Can anyone get the Orders for above cases and post here?


Thanks

srikanth (IT)     31 August 2013

if searched in google about child p*rnography laws

if i found websites like wikipedia, there is no matter.

if i found a website which publish child p*rnography, unfortunately i saw that clipping, is there any case file on that IP user, 

if a person search p*rnography about child and he want to see it, how he will tracked? what are the evidences for that case.

watching other p*rnography in private is not crime, if he found child p*rn in that websites what action and how the action should be taken for those case

i have more douts about "browse" in that wording, if a mistake keyword is typed or eagerly searched about that, what will be the punishment, how it is taken as crime

the main thing about "browse" 

if it is avaliable in google.com, i searched and view or browse that is crime?


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