Section 67A 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 67A of the Information Technology Act, 2000 punishes publishing or transmitting, or causing to be published or transmitted, in the electronic form any material which contains a sexually explicit act or conduct. The punishment is graded for a first conviction and for a second or subsequent conviction. This article sets out the elements and punishment in the words of the section and describes no 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 67A applies to whoever publishes or transmits, or causes to be published or transmitted, in the electronic form any material which contains sexually explicit act or conduct. On first conviction the printed punishment is imprisonment of either description up to five years and fine up to ten lakh rupees; on second or subsequent conviction, up to seven years and fine up to ten lakh rupees. The proviso printed under section 67B applies to sections 67, 67A and 67B.
What section 67A says
The copy prints: "Whoever publishes or transmits or causes to be published or transmitted in the electronic form any material which contains sexually explicit act or conduct 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 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."
There are two working parts:
- The act: publishing, transmitting, or causing either, "in the electronic form".
- The material: material "which contains sexually explicit act or conduct".
Unlike section 67, section 67A has no multi-limb test of the effect of the material. It turns on whether the material contains a "sexually explicit act or conduct". The Act does not define that phrase in this section, and this article adds no definition. The section also prints no list of platforms, devices or numbers of recipients.
If you operate a service on which others upload material, or you publish content yourself, early legal dispute resolution advice on your complaint-handling process and record-keeping helps you respond properly if a notice or complaint is received.
Punishment as printed
| Stage | Imprisonment | Fine |
|---|---|---|
| First conviction | "of either description for a term which may extend to five years" | "and with fine which may extend to ten lakh rupees" |
| Second or subsequent conviction | "of either description for a term which may extend to seven years" | "and also with fine which may extend to ten lakh rupees" |
The word is "may extend", so the section prints maximums and no minimum. For comparison, section 67 prints three years and five lakh rupees on first conviction, and five years and ten lakh rupees on second or subsequent conviction; see our article on section 67.
The proviso printed under section 67B
The copy prints, after clause (e) of section 67B, a proviso whose own opening words refer to "section 67, section 67-A and this section". It therefore applies to section 67A. 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 has three slips in this proviso: "does not extend" for "do not extend", "is the interest of" with a missing word, and "hertiage" for "heritage". We flag them and do not correct the text.
| Limb | Requirement in the words |
|---|---|
| (i) | Publication "proved to be justified" as being for the public good, on the ground of the interest of science, literature, art or learning or other objects of general concern |
| (ii) | "kept or used for bona fide" heritage or religious purposes |
The proviso names the kinds of item it covers: a book, pamphlet, paper, writing, drawing, painting, representation or figure in electronic form. Whether a given item falls in that list and within (i) or (ii) is a question of proof.
The general provisions that apply
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 (previous conviction; socio economic conditions, a child below the age of 18 years or a woman). A reader should compare that wording with the printed term in section 67A on its own. 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. Sections 84B and 84C deal with abetment and attempt, and section 85 with companies. Our articles on sections 77A and 77B and section 85 cover them. The Act refers to the Code of Criminal Procedure, 1973; check the current procedural law for the corresponding provisions.
A worked example, at the level of the elements
Tanvi Sethi, an invented operator of a membership website, receives a notice that an item on her site is said to contain a sexually explicit act or conduct, and that it was published by a member. The questions on the words of the section are: who published or transmitted, or caused to be published or transmitted, the item; whether the item contains what the section describes; and, if the proviso is raised, whether the item is a listed kind of work and whether the public-good ground or the heritage or religious ground is proved. The position of a person who only hosts material as an intermediary is read under section 79, which is explained in our article on section 79; section 67A itself says nothing about hosts.
Need help with a notice or complaint?
If you have received a notice or complaint under section 67A, or you want your platform's content process reviewed, our team can help you read the section and plan the response. Reach us for legal dispute resolution.
Key takeaways
- Section 67A covers publishing or transmitting, or causing to be published or transmitted, in electronic form, material which contains sexually explicit act or conduct.
- Printed punishment: first conviction, up to five years and fine up to ten lakh rupees; second or subsequent conviction, up to seven years and fine up to ten lakh rupees.
- The proviso printed under section 67B applies to sections 67, 67A and 67B.
- Sections 77A, 77B, 78, 84B, 84C and 85 apply as printed; check the current procedural law.
Read next
- Section 67 of the Information Technology Act, 2000: publishing or transmitting obscene material
- Section 67B of the Information Technology Act, 2000: material depicting children in electronic form
- Section 79 of the Information Technology Act, 2000: exemption from liability of intermediary
- Cognizable vs Non-Cognizable Offences: FIR and Police Powers Explained
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.