Can anyone above 18 years, watch porn in India?

As Per Indian law, there are no legal repercussions for watching porn in private. However, it is illegal to force someone to watch porn, show pornographic material in public, send someone pornographic or obscene material, etc.

Indian laws and pornography

According to Indian law, certain photographs that are obscene, pornographic, or sexually explicit and that are either “lascivious or appeal to the prurient desire” or “tend to deprave and corrupt humans” are illegal. Whether such behaviors are permitted, outlawed, or subject to punishment depends on the circumstances and standards outlined in the following laws:

• Technology and Information Act of 2000 Section 66 E prohibits the transmission of images showing “a private part of any person without his or her agreement.” The punishment for the same offense is three years in prison, a fine of up to two lakh rupees, or both. Any item that is lascivious appeals to the prurient interest, or has the potential to deprave and corrupt people is characterized as such in Section 67 prohibits the publication or transmission of pornographic material.
• Penal Code of India (IPC) It is against the Indian Penal Code, 1860, Sections 292 and 293, to sell, distribute, show, or circulate objects that are considered offensive. The Indian Penal Code, of 1860 now has Section 354 D, which addresses stalking, thanks to the Criminal Law Amendment Act of 2013. Section 354D permits “monitoring a woman’s use of the internet, email, or any other kind of communication”. Therefore, compiling pictures of women from their social media accounts would also fit into this category. If this section is found to be true, the punishment for a conviction is three years in prison and a fine. In retribution, victims of pornography may resort to slander. The Indian Penal Code, 1860, Section 499, forbids making or disseminating purportedly defamatory statements about an individual through written or visual means to harm that individual’s reputation. Men’s intent to harm someone’s reputation is therefore a need for a violation of the clause.
• The 2012 Protection of Children from Sexual Offences Act: A noteworthy piece of legislation, the POCSO Act, 2012, aims to safeguard children’s rights and stop child sexual abuse and exploitation. This Act addresses sexual offenses against minors, and Section 2(d) of the Act defines a kid as an individual under the age of eighteen. We are not concerned with the use of minors for pornographic purposes, which is covered under POCSO Chapter III. Special Courts are established under this Act to hear cases affecting juveniles. Crucially, Section 42 of the POCSO stipulates that the person found guilty would receive the worst punishment possible if the offense is considered illegal under both the POCSO and the IPC.  Under Section 14(1), using a child or minor for pornographic purposes carries a maximum five-year jail sentence as well as a fine. In addition, Section 15 of the aforementioned act punishes storing child-related pornography with the intent to disseminate it, up to three years in prison, a fine, or both.

All Indian people are guaranteed the right to life and personal liberty under Article 21 of the Indian Constitution. The Indian Supreme Court ruled orally in a 2015 case that viewing porn in private might be protected by the Constitution’s guarantee of personal liberty.

To put it succinctly

• It is not unlawful to watch porn in private.
• It is also permissible to save it to your laptop, smartphone, etc.
• It is against the law to distribute, sell, showcase, publish, send private communications, and do other things.
• It is also forbidden to send someone pornographic pictures, videos, texts, or anything else that shows sexually explicit behavior (unless it’s instructional).
• The IT Act’s definitions of sexually explicit content also apply to sex stories.
• Any form of child pornography whether it be shared, saved, or watched—is completely prohibited.

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