Section 67: Preservation and retention of information by intermediaries

Information Technology Act • Official Statutory Text & Practice Guide

Non-Bailable
Cognizable
Court of Session / CJM
Act 2000

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.

  • Penal Consequences & Liability: Section 67 criminalizes the electronic transmission, publication, or distribution of obscene, lascivious, or depraving material, imposing rigorous imprisonment and substantial monetary fines.
  • Digital Infrastructure Jurisdiction: Operating alongside it, Section 67C introduces a vital statutory duty for all digital intermediaries to preserve and retain such information as may be specified for the duration prescribed by the Central Government.

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).

Key Landmark Precedents:
  • State of Tamil Nadu v. Suhas Katti (2004): The court affirmed that electronic transmission of obscene, defamatory, and unauthorized material via digital bulletin boards and messaging systems violates Section 67, upholding electronic trace evidence as valid proof of criminal transmission.
  • Avnish Bajaj v. State (N.C.T. of Delhi) (2005) 116 DLT 427: The Delhi High Court examined platform liability for hosting illicit content, leading directly to the legislative insertion of the Safe Harbour and intermediary due diligence standards under the Act.
Legal Commentary:

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.