Is it Illegal to Watch Porn in India

Pornography or porn is portrayal of sexual subject matter for the purpose of sexual arousal. Watching porn in India privately is not a crime per se, The Supreme Court had also remarked that an adult can be denied his fundamental right to personal liberty, i.e. To watch porn in the private zone of his or her room. 

The use of pornographic media can be a criminal offense in certain regards, as provided under the law- 

The Indian Penal Code,1860 

Sections 292 and 293 make it illegal to sell, distribute and circulate obscene objects. The 2013 amendment added section 354 D of the IPC, 1860, dealing with stalking. After the Nirbhaya Case, amendments were brought in the IPC, including Section 354D, providing that, “monitoring a woman’s use of the internet, email or any other kind of communication” is included under section 354D(b). Thus, gathering photos if the ladies from social media accounts could result in a sentence of up to three years in prison. 

The Information Technology (IT) Act of 2000 

Section 66 F provides that, “transmission of photographs of “a private part of any pers on without his or her agreement” is a punishable offense with three years in prison or a maximum fine of two lakh rupees or both. 

In the landmark judgment in Justice K.S. Puttaswamy (retd.) and Anr v U.O.I. and Ors (2018), the right to privacy is a basic right under Right To Life in Part III of the Constitution. 

Section 67 provides for publication or transmission of obscene material and is punishable with conviction from three (3) by five (5) years of jail,with fine maximum up to 10 lakh rupees. Section 67 A applies in the case of publishing or sending anything that depicts sexually explicit acts or conduct, punishable up to five years in jail with a fine of rupees 10 lakh. Recent example is Bois Locker Room Event, where the current section was applied.

 – The Protection of Children from Sexual Offenses Act (POCSO), 2012 

The Act is aimed at protecting the children’s rights and preventing child sexual abuse and exploitation. POCSO’s Chapter III marks the use of minors for pornographic purposes. The use of minors for pornographic purposes is punished under Section 14(1) by up to five years in jail and a fine. 

– Women’s Indecent Representation (Prohibition) Act of 1986 (IRWA) 

This Act prohibits indecent representation of women in advertisements, publications, writings, paintings, figures, and other forms.

 Legality of watching porn in India

-In a case in 2015, the Supreme Court decided that watching porn in one’s private room may fall under the Constitution’s Right to Personal Liberty. Although if its watched in a private area, even so watching and storing content related to child pornography, rape, or violence against women is illegal. In 2014, Aveek Sarkar v State of West Bengal, which rejected Hicklin Test (a standard rule for assessing whether work, material, or conduct was considered obscene in India) and instead community standard test is being used. (Know the list of best criminal lawyers in Delhi and other cities of India at Lead India to Talk to a Lawyer for Free Legal Advice or Ask a Legal Question )

Conclusion:

In Conclusion, it can be summarized that,

a) Watching private adult pornography is legal

b) Creating or producing pornography is illegal 

c) Forcing a woman of any age, either a wife or a friend to view porn is illegal