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.
67A. Punishment for publishing or transmitting of material containing sexually explicit act, etc.,
in electronic form.–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.
67B. Punishment for publishing or transmitting of material depicting children in sexually
explicit act, etc., in electronic form.–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 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 bonafide 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 for such duration and in such manner and format
as the Central Government may prescribe.
(2) any intermediary who intentionally or knowingly contravenes the provisions of sub-section (1)
shall be punished with an imprisonment for a term which may extend to three years and also be liable to
fine.]
68. Power of Controller to give directions.–(1) The Controller may, by order, direct a Certifying
Authority or any employee of such Authority to take such measures or cease carrying on such activities as
specified in the order if those are necessary to ensure compliance with the provisions of this Act, rules or
any regulations made thereunder.
1
[(2) Any person who intentionally or knowingly fails to comply with any order under sub-section (1)
shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding
two years or a fine not exceeding one lakh rupees or with both.]
1. Subs. by Act 10 of 2009, s. 33, for sub-section (2) (w.e.f. 27-10-2009).
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