Section 67B 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 67B of the Information Technology Act, 2000 deals with publishing or transmitting material in electronic form depicting children in sexually explicit acts, and with four further kinds of related conduct listed in clauses (b) to (e). This article sets out the legal elements, the printed punishment, the proviso and the Explanation in the section's own words and describes nothing 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 67B has five clauses, (a) to (e), each describing a different kind of conduct connected with children. The Explanation says "children" means a person who has not completed the age of 18 years. The printed punishment is, on first conviction, 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. A proviso with two limbs applies to sections 67, 67A and 67B.
What section 67B says
The section begins "Whoever," and lists five clauses. The clauses are summarised below in the words of the section, without elaboration.
| Clause | Conduct, as printed (summary) |
|---|---|
| (a) | publishes or transmits or causes to be published or transmitted material in any electronic form which depicts children engaged in sexually explicit act or conduct |
| (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 sexually explicit manner |
| (c) | cultivates, entices or induces children to online relationship with one or more children for and on sexually explicit act or in a manner that may offend a reasonable adult on the computer resource |
| (d) | facilitates abusing children online |
| (e) | records in any electronic form own abuse or that of others pertaining to sexually explicit act with children |
Clause (c) prints "for and on sexually explicit act", which is a drafting slip; we flag it and do not correct it. Clause (e) ends with the words that begin the punishment ("shall be punished on first conviction").
Each clause is a separate head of conduct joined by "or". A reader should therefore ask which clause, if any, the facts engage and should not read the clauses as a single test.
If your business hosts user uploads, runs an online community for young people, or provides services used by children, a legal consultation on how the section is worded, and on the process you follow when a complaint arrives, is a prudent step.
The Explanation: who is a child
The Explanation to section 67B reads: "For the purposes of this section, 'children' means a person who has not completed the age of 18 years." The copy prints "children means a person", mixing plural and singular; we flag the slip and do not correct it. The Explanation applies "for the purposes of this section", which is section 67B.
The figure 18 also appears in section 77A, whose second proviso bars compounding where an offence "has been committed against a child below the age of 18 years or a woman". That proviso is in section 77A and not in section 67B. Our article on sections 77A and 77B sets out section 77A.
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 words are "may extend", so the section prints maximums and no minimum.
The proviso
After clause (e), the section prints a proviso that by its own opening words covers "section 67, section 67-A and this section":
"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" for "do not extend", "is the interest of" with a missing word, and "hertiage" for "heritage". We flag the slips and do not correct them. The proviso mentions "publication" and "kept or used"; whether any item falls within it, and whether the proof it requires is available, are questions of fact. The proviso is not a part of clauses (a) to (e): it follows them. Our article on section 67 quotes the same proviso in the setting of section 67.
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; sub-section (2) applies "sections 265-B and 265-C of the Code of Criminal Procedure, 1973 (2 of 1974)". 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 84B deals with abetment, 84C with attempt and 85 with offences by companies. Check the current procedural law for the corresponding provisions of the Code.
A worked example, at the level of the elements
Hemant Arora, an invented administrator of an online community for hobby photographers, receives a complaint that an item shared on the community concerns children. The legal questions, which a lawyer would take in order, are: which clause (if any) of section 67B the alleged conduct engages; whether the person concerned is within the Explanation (a person who has not completed 18 years); who in fact published, transmitted, collected or distributed; and whether the proviso is raised and, if so, whether the proof it requires is present. The platform's duty as an intermediary is read separately; see our article on section 79 for the exemption as printed and its conditions.
Need help with a complaint or a compliance process?
If you have received a complaint under section 67B, or you need a review of how your platform handles reports, our team can help you read the section and plan the response. Reach out through legal consultation.
Key takeaways
- Section 67B has five clauses, (a) to (e), each a separate head of conduct connected with children.
- The Explanation defines "children" as a person who has not completed the age of 18 years.
- 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.
- A two-limb proviso (public good on stated grounds; bona fide heritage or religious purposes) is printed after clause (e) and 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 67A of the Information Technology Act, 2000: sexually explicit material in electronic form
- Section 67 of the Information Technology Act, 2000: publishing or transmitting obscene material
- Sections 67C and 69B of the Information Technology Act, 2000: retention of information by intermediaries
- 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.