Handling Legalities of Sexting

Nowadays a very trending topic is coming out in the limelight of the social media world, which is sexting. Sending sexually explicit texts, videos, or photographs to a partner or other person is known as sexting. The prospect that a sex will be shared or leaked publicly without permission presents sexting’s biggest risk.

Basically, Sexting is the act of sending provocative or naked text messages to others. These transmissions, which can be text- or image-based, often take place via mobile devices like smartphones, PCs, and cell phones. However, the latter, image-based distribution of photos that show people in a nude, partially naked, or suggestive manner, often including minors, are more likely to have illegal repercussions.

However, sexting has been found mostly among teens where a boy and girl chat in an explicit way where the exchange of media takes place in the form of pictures, and videos of nudity with each other. Though that can later turn into a negative consequence for either one. Those pictures can be used for harassment, blackmailing, etc.

What to do when you catch your child doing sexting

The first step as a parent is to stay calm and not panic your child

Then to address and explore the issue with them openly

Third, discuss the ramifications and let them know about the right and wrong consequences of the sexting

Fourth, establish some ground rules and warn them that this could turn into a legal issue which makes them get into serious trouble

Fifth, keep talking and make them understand  not to indulge in this kind of activity again as these activities can be offensive under the law

Although Indian internet users are becoming increasingly concerned about sexting, cyberbullying, recruiting for terrorism, revenge porn, and sextortion as daily internet access increases. According to the research, 77 percent of Indians reported behavioral issues such as sexting, trolling, cyberbullying, online harassment, sexual solicitation, or sextortion.

Law against sexting

The following Acts, the Information Technology Act of 2000 and the Protection of Children from Sexual Offenses Act of 2012, have been passed by the legislature to manage these issues. These Acts precisely describe penalties and legal actions.

However, Section 66(e) of the Information Technology Act prohibits transmitting pictures of “a private part of any person without his or her agreement,” as stated in the section. The penalty for the same is three years in prison, a fine of no more than two lakh rupees, or both.

This provision is crucial because the Right to Life in Part III of the Indian Constitution protects the Right to Privacy as a fundamental right that is safeguarded. Therefore, sharing any material that would invade a person’s privacy would likewise be against Article 21 of the Indian Constitution.

Whereas sections 67(a) and 67(b), Publishing or sending material that contains sexually explicit acts or conduct is punishable under this provision. On the first offense, the maximum sentence for punishment is five years in prison and a fine of ten lakhs. 

Encompasses the creation and distribution of any digital text or images that represent children “in an obscene or indecent or sexually explicit manner,” not only the depiction of children in sexual actions or conduct.

According to section 14(1) of the POCSO act, using a kid or minors for pornographic purposes is punishable by up to five years in prison and a fine. Additionally, storage of child-related pornographic material with the purpose to distribute it is punished by up to three years in prison, a fine, or both under Section 15.

As you can see, even as innocent as a text to a friend could become the subject of criminal accusations, especially if minors are involved. Prosecutors use various strategies based on where you live. If you want to learn more about how sexting offenses are handled in your area and how to protect yourself against sexting crimes, you can get in touch with Lead India. Our defense lawyers have the expertise, and they will be able to grasp your case and help you in the best possible manner.