Question

An employee shares a sexually explicit image of another person without their consent. Under which section can they be prosecuted?

• A. Section 67
• B. Section 67A
• C. Section 67B
• D. Section 72

Answer 1

Answer:

B. Section 67A

Section 67A: Punishment for publishing or transmitting material containing sexually explicit act, etc., in electronic form

Definition:

Section 67A of the IT Act criminalizes the act of publishing or transmitting material in electronic form that contains sexually explicit acts or conduct.

'Whoever publishes or transmits or causes to be published or transmitted in the electronic form, any material which contains sexually explicit acts or conduct shall be punished.'

Punishments:

First Conviction:

1. Imprisonment for a term which may extend to five years

2. Fine which may extend to ten lakh rupees.

Second or Subsequent Conviction:

1. Imprisonment for a term which may extend to seven years.

2. Fine which may extend to ten lakh rupees.

Examples:

• Sharing Pornographic Videos: If an individual uploads or shares videos that show sexually explicit acts (e.g., sexual intercourse) on websites, social media, or through messaging platforms, they could be prosecuted under Section 67A.

• Distributing Sexually Explicit Images: Sending or distributing images that depict sexual acts through emails, WhatsApp or other electronic means is punishable under this section.

• Running a Pornographic Website: If a person operates a website that hosts or distributes videos or images of sexually explicit acts, they are liable under Section 67A.

• Circulating Explicit Content via Social Media: Posting or sharing content involving sexually explicit acts on social media platforms such as Facebook, Instagram, Twitter, etc. would attract penalties under this provision.