Material Depicting Children in a Sexually Explicit Act

In one line

Five kinds of conduct involving material that depicts children in a sexually explicit or indecent manner are punishable with five years and ten lakh rupees on a first conviction and seven years on a second, and one of them is simply browsing or downloading.

In the wording a student can write in an exam: section 67B of the Information Technology Act, 2000 punishes whoever publishes or transmits material in electronic form depicting children engaged in a sexually explicit act, or creates, collects, seeks, browses, downloads, advertises, promotes, exchanges or distributes such material, or cultivates, entices or induces children to an online relationship for a sexually explicit act, or facilitates abusing children online, or records his own or another's abuse of children.

Why the section stands apart

Every other offence in Chapter XI needs an act directed outwards. Publishing, transmitting, accessing, damaging, cheating. Section 67B alone punishes acquisition and even looking.

Because the harm is in the demand. Material of this kind exists because there is an audience for it, and a law that punishes only distribution leaves the audience untouched.

And because the child cannot consent. The Explanation fixes the age at eighteen, and nothing in the section turns on the child's willingness.

The five limbs

(a) Publishing or transmitting. 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.

(b) Creating, collecting and browsing. 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.

(c) Grooming. 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.

(d) Facilitation. Facilitates abusing children online.

(e) Recording. Records in any electronic form own abuse or that of others pertaining to sexually explicit act with children.

The punishment for all five. First conviction: imprisonment of either description up to five years and fine up to ten lakh rupees. Second or subsequent conviction: up to seven years and fine up to ten lakh rupees.

The Explanation. "Children" means a person who has not completed the age of 18 years.

Three things to notice in the drafting

Limb (b) has a wider description of the material than limb (a). Limb (a) needs children engaged in sexually explicit act or conduct. Limb (b) needs material depicting children in an obscene or indecent or sexually explicit manner, which is three alternatives and reaches material short of an explicit act.