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
