Pornography or porn is a term used for the portrayal of sexual subject matter for the purpose of sexual arousal. In India, if you watch porn in private, it is not a crime per se. The Supreme Court also remarked that an adult can not be denied his fundamental right of personal liberty, i.e. watching porn in the privacy of his room.
Use of pornographic media is a criminal offence in certain circumstances, as provided by the law, some of them have been mentioned here under
The Indian Penal Code,1860
Sections 292 and 293 make it illegal to sell, distribute and exhibit or circulate obscene objects. The 2013 amendment added section 354 D to 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 internet, email or any other kind of communication” is included under section 354D(b).thus gathering photos if ladies from social media account could result in a sentence of up to three years in prison.
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The Information Technology (IT) Act of 2000
Section 66 F provides that, “transmission of photographs of “a private part of any person without his or her agreement” is a punishable offence with three years in prison or a fine of not more than two lakh rupees or both.
In the landmark judgement 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 described as, “ any material which is lascivious or appeals to the prurient interest or if its effect is such as to tend to deprave and corrupt persons”, convictions can be from three to five years in jail,with fine 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 Offences Act (POCSO), 2012
The Act is aimed at protecting the children’s rights and preventing child sexual abuse and exploitation. POCSO’s Chapter III addresses 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 forbids indecent representation of women in ads, publications, writings, paintings, figures, and other forms.
Legality of watching porn in India
While deciding a case in the year 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 private area, even so watching and storing content related to child pornography, rape, or violence against women is illegal. In 2014, in the case of Aveek Sarkar v State of West Bengal, the Hicklin Test (a standard rule for assessing whether work, material, or conduct was considered obscene in India) was rejected and instead a community standard test is being used.
In Conclusion, it could be inferred that,
- Watching private adult pornography is legal
- Creating or producing pornography is illegal
- Forcing a woman of any age, either wife or a friend to view porn is illegal
- Child pornography is completely prohibited, whether to watch, store or produce it.
- Sharing links to pornography movie is illegal
- Watching porn in public or in group is illegal.
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