Question

Publishing or transmitting of material containing sexually explicit act or conduct in electronic form

• A. may be punished under the Information Technology Act, 2000, when proved
• B. shall be punished under the Information Technology Act, 2000, when proved
• C. Will not be punished, as it is not an offence
• D. All above are true

Answer 1

Answer:

B. shall be punished under the Information Technology Act, 2000, when proved

Legal Provision under IT Act, 2000

• The act of publishing or transmitting material containing sexually explicit acts in electronic form is a criminal offense under Section 67A of the Information Technology Act, 2000 (amended in 2008).
• Section 67A specifically deals with the publication or transmission of material containing 'sexually explicit act' or conduct.

Penalty Provisions

• First Conviction: Imprisonment which may extend to 5 years and a fine which may extend to Rs. 10 lakh.
• Subsequent Conviction: Imprisonment which may extend to 7 years and a fine which may extend to Rs. 10 lakh.

Key Related Sections for PSC Exams

• Section 67: Deals with the punishment for publishing or transmitting 'obscene' material in electronic form. Note the difference: Section 67 is for obscenity, while Section 67A is specifically for 'sexually explicit' acts.
• Section 67B: Deals with the punishment for publishing or transmitting material depicting children in sexually explicit acts. This is a non-bailable, cognizable offense with stricter penalties.
• Section 67C: Specifies the duty of intermediaries to preserve and retain information.