*[ 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 a 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 the 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 in 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.
[* Inserted vide Information Technology Amendment Act, 2008]
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