Whoever publishes or transmits or causes to be published or transmitted in the electronic form, any material which is lascivious or appeals to the prurient interest or if its effect is such as to tend to deprave and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or hear the matter 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 .
Legal Commentary & Landmark Judgments: Section 67
Section 67 of the Information Technology Act prescribes criminal penalties, extending up to five years' imprisonment for repeat convictions, for transmitting obscene material, and (under Section 67C) mandates intermediaries to preserve and retain digital traffic records for statutory duration.
Failure to maintain or intentionally destroying digital server logs, IP access records, or electronic audit trails attracts imprisonment up to three years and fine under Section 67C(2).
Section 67 and 67C are vital tools in cyber forensics and digital investigations. Intermediaries, VPN providers, and telecom licensees are statutorily required to preserve user access logs and traffic data for 180 days under CERT-In directives and Section 67C, ensuring that digital footprints remain retrievable for criminal prosecution.