Section 67 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Section 67 of the Information Technology Act, 2000 punishes publishing or transmitting, or causing to be published or transmitted, in electronic form, material that meets the test printed in the section. The punishment is graded: one figure on first conviction and a higher figure on a second or subsequent conviction. This article states the elements and the punishment in the words of the section and does not describe any material beyond them. It follows the consolidated text consulted (the Act as amended by the Information Technology (Amendment) Act, 2008); later amendments and the current position should be checked.
Section 67 applies to whoever publishes or transmits, or causes to be published or transmitted, in the electronic form material that is "lascivious or appeals to the prurient interest" or whose effect tends "to deprave and corrupt persons" likely to read, see or hear it. On first conviction the printed punishment is imprisonment of either description up to three years and fine up to five lakh rupees; on second or subsequent conviction, up to five years and fine up to ten lakh rupees. A proviso printed under section 67B carves out certain material.
What section 67 says
The copy prints: "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 three years and with fine which may extend to five lakh rupees and in the event of second or subsequent conviction with imprisonment of either description for a term which may extend to five years and also with fine which may extend to ten lakh rupees."
The section has two parts: the act and the test.
The act. The act is to publish, to transmit, or to cause either "in the electronic form". The section names no medium, platform or device, and it does not say that the material must reach any number of people.
The test. The material must be one of three kinds, joined by "or": (a) lascivious; (b) appealing to the prurient interest; or (c) material whose "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" it. The words "all relevant circumstances" appear in the third kind. The Act does not define "lascivious", "prurient interest" or "deprave and corrupt".
If you run a website, an online magazine or a service on which others post material, a legal dispute resolution review of your content policy and complaint process can be taken before a complaint arrives.
Punishment as printed
| Stage | Imprisonment | Fine |
|---|---|---|
| First conviction | "of either description for a term which may extend to three years" | "which may extend to five lakh rupees" (joined by "and") |
| Second or subsequent conviction | "of either description for a term which may extend to five years" | "also with fine which may extend to ten lakh rupees" |
The words "and" and "and also" mean that both imprisonment and fine are printed for each stage, in contrast with provisions that say "or with both". The section prints maximums ("may extend") and no minimum.
The proviso printed under section 67B
The copy prints a proviso at the end of section 67B, not under section 67 itself. By its own opening words it speaks to "section 67, section 67-A and this section", that is, sections 67, 67A and 67B. It reads:
"Provided that provisions of section 67, section 67-A 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 the interest of science, literature, art or learning or other objects of general concern; or (ii) which is kept or used for bona fide hertiage or religious purposes."
The copy prints "does not extend" where the grammar calls for "do not extend", the word "hertiage" for "heritage", and a missing connecting word in clause (i) ("is the interest of"). We flag the slips and do not correct the text.
| Limb of the proviso | What the words require |
|---|---|
| (i) | Publication "proved to be justified" as being for the public good, on the ground that it is in the interest of science, literature, art or learning or other objects of general concern |
| (ii) | Material "kept or used for bona fide" heritage or religious purposes |
Note the word "proved" in clause (i). The proviso lists the kinds of item to which it can apply: a book, pamphlet, paper, writing, drawing, painting, representation or figure in electronic form.
Where section 67 sits
Section 67 is the first of a group of three. Section 67A is explained in our article on section 67A, and section 67B in our article on section 67B. Each has its own elements and punishment; this article treats only section 67.
The general provisions apply across the Chapter. Section 77A allows a Court of competent jurisdiction to compound offences "other than offences for which the punishment for life or imprisonment for a term exceeding three years has been provided", with two provisos. Section 77B prints: "Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), the offence punishable with imprisonment of three years and above shall be cognizable and the offence punishable with imprisonment of three years shall be bailable." We quote it and classify nothing beyond those words. Section 78 says a police officer not below the rank of shall investigate any offence under the Act. Section 85 deals with offences by companies. Our article on sections 77A and 77B sets them out. The Act refers to the Code of Criminal Procedure, 1973; check the current procedural law for the corresponding provisions.
A worked example
Sahitya Setu, an invented online literary magazine, publishes an essay with illustrations as part of a feature on classical temple sculpture. A reader complains that part of it falls within section 67. The questions on the section's words are whether the material meets the test in the section (the section's three limbs, read with the phrase "all relevant circumstances") and, if it does, whether the proviso applies, which needs the magazine to prove that the publication is justified as being for the public good on the stated grounds, or that the material is kept or used for bona fide heritage or religious purposes. The outcome depends on the material, the proof and the court's assessment; the section gives no list of excluded items beyond the proviso.
Need help with a content complaint?
If your platform or publication has received a complaint or notice about material under section 67, or you want a review of your content process, our team can help. Contact us for legal dispute resolution support.
Key takeaways
- Section 67 punishes publishing or transmitting, or causing to be published or transmitted, in electronic form, material meeting the section's test.
- Printed punishment: first conviction, imprisonment up to three years and fine up to five lakh rupees; second or subsequent conviction, up to five years and fine up to ten lakh rupees.
- A proviso printed under section 67B applies to sections 67, 67A and 67B; it needs proof of public good on the stated grounds, or bona fide heritage or religious use.
- Sections 77A, 77B, 78 and 85 apply as printed; check the current procedural law.
Read next
- Section 66F of the Information Technology Act, 2000: punishment for cyber terrorism
- Section 67A of the Information Technology Act, 2000: sexually explicit material in electronic form
- Section 67B of the Information Technology Act, 2000: material depicting children in electronic form
- Cyber Law: Information Technology Act 2000, offences, penalties and adjudication
Disclaimer: Based on a consolidated copy of the Information Technology Act, 2000 as amended by the Information Technology (Amendment) Act, 2008, on the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 as originally notified on 25 February 2021 and on the CERT-In Directions of 28 April 2022, read with the amendments made to the Act by the Jan Vishwas (Amendment of Provisions) Act, 2023 and by section 44 of the Digital Personal Data Protection Act, 2023, as consulted on 2 October 2026. Commencement notifications, other amendments, rules, directions and the current position of each provision are not covered and should be checked. This article is general information, not legal advice; check the official text before acting.