Indian Pornography Laws: What’s Legal And Illegal?

Pornography is the term used to describe reporting or depictions of sexual acts in books, movies, or other media with the goal of evoking sexual desire. Pornographic web pages, computer-generated pornography, as well as downloading and exchanging pornographic texts, videos, photos, and other media over the internet are a few examples of what this involves. To put it simply, there are certain limitations on the right to watch porn in India, despite the fact that it is not against the law according to Indian courts.

Indian Pornography Laws: What is Legal?

• Privately Watching Porn: It’s not against the law to watch sexually graphic content in private in India. In July 2015, the Supreme Court made an oral statement stating that it could not prevent an adult from using their fundamental right to personal liberty, which is to watch porn in the privacy of their own room.
• Any book, pamphlet, paper, writing, drawing, picture, depiction, or figure that is published for the following reasons: 

• the general welfare; science, literature, art, or education; other matters of general concern; or 
• religious objectives.

• A depiction in the form of a sculpture, engraving, painting, or other art form found on a temple, an ancient monument as defined by the Ancient Monuments and Archaeological Sites and Remains Act of 1958, or any vehicle used for religious or idol transportation.
• Furthermore, if an activity is carried out with the intention of including it in a movie for which the guidelines in Part II of the Cinematograph Act, 1952 apply, it is expressly not prohibited by the IRWA in its Sections 3 and 4.

Indian Pornography Laws: What is Illegal

Section 294 of BNS: 

• Any act that constitutes the sale, distribution, exhibition, and circulation of pornographic materials, as well as any transaction in which one party hires out pornographic materials to another, is illegal under Section 294 of the BNS.
• Punishment: On the first commission of the offence, Section 294 of BNS stipulates that the penalty might be as two years in jail and a fine of up to 5,000 rupees. Upon a second or subsequent commission of the offense, there might be a maximum sentence of five years in jail as well as a fine of 10,000 rupees.

Section 295 of BNS:

• Similar in subject matter to Section 294 of the BNS, Section 295 of that section punishes any act that amounts to selling, distributing, exhibiting, or circulating pornographic objects to an individual under the age of 18, as well as any transaction in which one party hires out pornographic objects to an individual under the age of 18, or any offer or attempt.
• Punishment: Section 295 of BNS stipulates that the following penalties apply to all the acts listed under it: up to three years in jail as well as a fine of up to 2,000 rupees upon the first commission of the offense. On a second or subsequent commission of the offense, there might be a maximum sentence of seven years in jail as well as a fine of 5,000 rupees.

Section 67 of the IT Act:

It is unlawful to publish, transmit, or cause to be published or transmitted in electronic format any obscene pornographic material, appeals to the sense of prurience, or has the potential to deprave and corrupt anybody who views, reads, or hears it as stated in Section 67 of the IT Act. 

• Such offenses carry a maximum five-year prison sentence and a fine of up to INR one lakh upon initial conviction.
• ten years in prison and a fine of up to INR two lakh for a second or subsequent conviction.

Section 67A of the IT Act:

Section 67A of the IT Act makes it illegal and unlawful to publish or transmit any of the content that depicts or contains any sexually explicit behaviours or acts. 

• Such kind of offenses carries a maximum five-year jail sentence as well as a fine of up to 10 lakh rupees in the event of the first commission of the offence.
• a fine of up to 10 lakh rupees and a maximum sentence of seven years in jail for the second or subsequent commission of the offence.

While the majority of people would contend that pornography ought to be completely prohibit, data shows that limiting access to 1000 pornographic websites has no effect on the volume of individuals visiting these websites. Rather, the amount of people using VPNs and proxies has increased dramatically. This doesn’t seem like a good sign. Indians access porn through VPNs, all of which are unsafe and untrustworthy.

Customers using these free services run the risk of identity theft, malware attacks, and phishing. Therefore, educating the public about the dos and don’ts related to pornography is the only practical way to handle this matter. Banning porn websites won’t change society overnight; instead, you can start a shift in your own household by discouraging the overuse of this kind of media. Make a big change by starting small.

One can talk to a lawyer from Lead India for any kind of legal support. In India, free legal advice online can be obtain at Lead India. Along with receiving free legal advice online, one can also ask questions to the experts online free through Lead India.