BACK TO IT ACT
IT Act 2000AMENDED 2008

Section 67B

Punishment for Publishing or Transmitting of Material Depicting Children in Sexually Explicit Act in Electronic Form

THE STATUTE

Original Text

Whoever — (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; 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 sexually explicit manner; or (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 internet; or (d) facilitates abusing children online; or (e) records in any electronic form own abuse or that of others pertaining to sexually explicit act with children, 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 a 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.

Simplified

Section 67B is India's primary cyber law provision targeting child sexual abuse material (CSAM) and online child exploitation. It is notably broader than Sections 67 and 67A: while those provisions require 'publishing or transmitting', Section 67B also criminalises browsing, downloading, collecting, and even inducing children into online relationships for sexual purposes — covering passive consumption as well as active distribution. The five sub-clauses target distinct behaviours: (a) distribution of CSAM; (b) a comprehensive sweep covering creation, collection, browsing, downloading, advertising, and exchange; (c) online grooming — cultivating or inducing children for sexually explicit online relationships; (d) facilitating online child abuse (which can include platform operators who knowingly allow CSAM to be hosted); and (e) recording one's own or others' sexual abuse of children. Section 67B must be read alongside the Protection of Children from Sexual Offences Act 2012 (POCSO), which is the primary legislation for child sexual abuse. POCSO's Section 14 specifically addresses use of children for pornographic purposes and typically carries heavier minimum sentences. In practice, prosecutors charge under both statutes simultaneously. The CBI's Child Abuse and Human Trafficking Unit and NCPCR coordinate with INTERPOL and the National Centre for Missing & Exploited Children (NCMEC) on CSAM cases — NCMEC's CyberTipline reports are the primary source of CSAM investigations in India.

Common Queries

Yes. Section 67B(b) expressly covers 'browsing' and 'downloading' CSAM — passive consumption is criminalised, unlike Section 67 and 67A which require publishing or transmitting.
Section 67B of the IT Act and Section 14 of the POCSO Act 2012 both criminalise CSAM. Prosecutors typically charge under both simultaneously. POCSO carries higher minimum sentences and applies specifically to child victims.
Yes. Section 67B(c) specifically criminalises cultivating, enticing, or inducing children into online relationships for sexually explicit purposes — covering grooming behaviour even before any explicit material is shared.

Legal Evolution

Section 67B was inserted by the IT (Amendment) Act 2008. The original IT Act had no specific provision for online child exploitation — only the general obscenity provision in Section 67. As CSAM distribution on the internet emerged as a serious global problem, the 2008 Amendment created this dedicated provision. POCSO 2012 followed, creating a more comprehensive child protection framework that partially overlaps with Section 67B.

Key Amendments

Inserted by IT (Amendment) Act 2008 — no equivalent in original IT Act 2000.

Uniquely criminalises browsing and downloading (passive consumption) in addition to publishing and transmitting.

POCSO Act 2012 Section 14 now operates alongside Section 67B for child pornography offences.

Landmark Precedents

Sonu v. State of Haryana (2017)

CRR-531-2017 (P&H HC)
RELEVANCE

Punjab and Haryana High Court confirmed that downloading and storing CSAM on a mobile phone attracted liability under Section 67B — establishing that passive possession and download constitutes the offence.