Neutral Citation Number: 2023:DHC:2806
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 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 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:
Provided that 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 the
interest of science, literature, art or learning or
other objects of general concern; or
(ii) which is kept or used for bona fide heritage or
religious purposes.
Explanation–For the purposes of this section,
―children means a person who has not
completed the age of 18 years.
67C. Preservation and retention of information by
intermediaries.–(1) Intermediary shall preserve
and retain such information as may be specified
Signature Not Verified
Digitally Signed
By:SHAZAAD ZAKIR
Signing Date:26.04.2023
17:19:50
W.P.(CRL) 1505/2021
Page 19 of 88
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