Table of Contents
What defines Pornography…?
The term pornography can be understood as the explicit representation of sexual activity, in images or in writing. Broadcasting or portrayal of sexual actions in order to produce sexual excitement through books, films, or other media. The dissimilarity between pornography and erotica is subjective and reflects changing community standards. Pornography websites, pornography material created using computers, and the use of the internet to download and transmit pornographic films, texts, photographs, and photos, among other things, fall under this category.
The word pornography, derivative from the Greek porni (prostitute) and graphein (to write), was originally defined as any work of art or literature depicting the life of prostitutes
Pornography is not legal in INDIA
January 2020,
857 porn websites take down by Internet Service providers as per order by Department of Electronic and Information Technology.
Viewing porn privately in India
In India, watching porn privately does not fall within the ambit of an offense under Indian Penal Laws. But there are certain restrictions to the liberty of watching porn that the Indian Judiciary has laid down time and again
In Recent case, Actor Shilpa Shetty’s husband RAJ KUNDRA has been arrested in a case pertaining to the production and publishing of pornographic films. Porn websites violate “morality and decency”, A petition filed by an Indore based lawyer , Kamlesh Vaswani,calling for a ban on pornographic websites. He completed drawing a connection between pornography on the internet and sex crimes, and filed a public interest litigation in the Supreme court in 2013 seeking a complete ban on all porn websites. Two and half year long fight had finally ended when the modi government has finally decided to take action against online pornography considering the Supreme Court’s observations. Chief Justice of India HL Dattu says the court could not intervene on private porn viewers. However, the Government clarified that ban was only temporary, and was aimed specifically at child pornography.
Difference between Pornography and Obscenity
Obscenity pertains to anything which is offensive or disgusting by accepted standards of morality and decency. Pornography is the act of causing sexual excitement through films, pictures, or books.
Thus, the two terms have different subjective meanings that have changed over time with changing society and mindsets.
What does Indian Law say about Pornography?
In India, provisions of the following Act talk about pornography.
- The Indian Penal Code, 1860 (IPC)
- The Information Technology Act (IT), 2000
- The Protection of Children from Sexual Offences Act 2012 (POCSO)
- Women’s Indecent Representation (Prohibition) Act of 1986
The Indian Penal Code, 1860 (IPC)
SECTION 292- Sale, Letting to Hire, Distribution, Exhibition, and Circulation of Obscene Objects.
Any act constituting the sale, distribution, exhibition, and circulation of obscene objects or a transaction where one person lets another hire obscene objects such as book, pamphlet, paper, writing, drawing, painting, representation, figure, or any other object which is obscene. are punished under section 292 of IPC.
Section 292 of IPC also punishes any person who Makes, produces, or possesses such obscene objects.
Who Imports, exports, or conveys any obscene object. Or who takes part in the profit or receives the profit from any business which produces, purchases, keeps, imports, exports, conveys, publicly exhibits ,or circulates such obscene objects.
Advertises or makes known that any person is engaged in or is ready to engage in any of the acts mentioned above or that the obscene objects can be procured from or through a person. And offers or attempts to do any of the above-mentioned acts.
PUNISHMENT
Up to 2 years of imprisonment and a fine extending to INR 2,000 on the first conviction.
Up to 5 years of imprisonment and a fine extending to INR 5,000 on a second or subsequent conviction
SECTION 293- deals with a similar subject matter as Section 292
Which defines the sale, distribution, exhibition, and circulation of obscene objects to a person under 20 years of age, or the transaction, where one person lets a person under 20 years of age, hire obscene objects, or an offer or attempt to do any of the above.
PUNISHMENT
Section 293 attracts somewhat more severe punishment as compared to Section 292
Up to three years of imprisonment and a fine extending to INR 2,000 on the first conviction.
Up to seven years of imprisonment and a fine extending to INR 5,000 on a second or subsequent conviction.
SECTION 294 – Acts and Songs Which Are Obscene
Any person who sings recites or utters any obscene song, ballad, or words or Does any obscene act in a public place
PUNISHMENT
Such obscene act, singing, recitation, or utterance is punishable with up to three months of imprisonment or with a fine or both.
SECTION 354A – Showing Pornography Against the Will of a Woman
Section 354A clearly stated “pornographic material” as a substitute for “obscene material”. It, so, implies that any act of showing a woman such material against her will would be punishable, even if the material she is subjected to seeing fails to qualify as obscene material as per the Community Standard Test.
PUNISHMENT
Punish a man who shows any pornographic material of any form to a woman against her will with 1-year imprisonment, a fine, or both.
Information Technology Act
SECTION 67 of the IT Act – Publishing or Transmitting Obscene Material or Material Containing Sexually Explicit Act in Electronic Form
The Publishing, transmitting or causing to publish or transmit, in electronic form, any obscene material “which is lascivious or appeals to the prurient interest” or “tends to deprave and corrupt persons” who read, see or hear the matter confined or embodied in it.
PUNISHMENT
- Imprisonment for up to 5 years and fine extending to INR 1 lakh on first conviction.
- Imprisonment for up to 10 years and fine extending to INR 2 lakh on second or subsequent conviction.
SECTION 67B of the IT Act Depicting Children in Sexually Explicit Act or Conduct
Section 67B of the IT Act depicts children in the sexually explicit act, etc., in electronic form. -Whoever-
- Publishing and transmission of material in electronic form depicting children in the sexually explicit act or conduct.
- Creating, collecting, seeking, browsing, downloading, advertising, promoting, exchanging, or distributing any material in an electronic form depicting children in an obscene, indecent, or sexually explicit manner.
- Cultivating, enticing, or inducing children to an online relationship with other children for a sexually explicit act or an act that may offend a reasonable adult.
- Facilitating the online abuse of children.
- Recording the abuse of children by oneself or any other person with regard to sexually explicit acts.
PUNISHMENT
Imprisonment for up to 5 years and a fine extending to INR 10 lakh on first conviction.
Imprisonment for up to 7 years and a fine extending to INR 10 lakh on a second or subsequent conviction
SECTION 66E Violation of Privacy
Whoever intentionally or knowingly captures, publishes, or transmits the image of a private area of any person without his or her consent, under circumstances violating the privacy of that person.
PUNISHMENT
Up to 3 years of imprisonment, or with a fine not exceeding INR 2 lakh, or with both.
The Protection of Children from Sexual Offences Act 2012 (POCSO Act)
Sections 13, 14, and 15 of the POCSO ACT, forbids the use of a child for sexual gratification. The usage of the term “Pornography” in the applicable provisions itself implies that the actions of a person in connection with child pornography are punishable. According to Section 13, Whoever uses a child in any form of media (with program or advertisement telecast by television channels or internet or any other electronic form or printed form, whether or not such program or advertisement is intended for personal use or for distribution), for the purposes of sexual gratification, which includes
- Representation of the sexual organs of a child;
- Usage of a child engaged in real or simulated sexual acts (with or without penetration);
- The indecent or obscene representation of a child shall be guilty of the offense of using a child for pornographic purposes.
The POCSO Act also criminalizes the storage, possession, transmission, propagation, displaying, sharing, or distribution of such pornographic material involving a child, except when such act has been done for the purpose of reporting it or using it as evidence in a court.
PUNISHMENTS
The use of a child for pornographic purposes
Imprisonment for a term not less than 5 years and fine on first conviction.
Imprisonment for a term not less than 7 years and a fine on a second or subsequent conviction
The storage and possession of pornographic material involving a child with an intention to share or transmit it
Fine, not less than INR 5,000 for a first conviction, and
Fine, not less than INR 10,000 for a second conviction
Indecent Representation of Women
SECTION 3 – Prohibition of advertisements containing indecent representation of women.
No person shall publish, or cause to be published, or arrange or take part in the publication or exhibition of, any advertisement which contains indecent representation of women in any form.
SECTION 4 – Prohibition of publication or sending by post of books, pamphlets, etc., containing indecent representation of women.
No person shall produce or cause to be produced, sell, let to hire, distribute, circulate or send by post any book, pamphlet, paper, slide, film, writing, drawing, painting, photograph, representation, or figure which contains indecent representation of women in any form.
PUNISHMENT
- Imprisonment for up to 2 years and with a fine extending up to INR 2,000 on the first conviction.
- Imprisonment for a term not less than 6 months and extending up to five years and with a fine, not less than INR 10,000 and extending up to INR 1,00,000 on second or subsequent conviction.
Conclusion
Porn websites violate “morality and decency” but watching any content on the internet is not usually considered a crime in India, unless it is of a serious nature, like child pornography, which is even protected by international treaties such as the Optional Protocol on the Sale of Children, Child Prostitution, and Child Pornography.
FAQ
What is banned to watch on the internet in India?
unauthorized streaming services are unit illegal to watch on the internet in India. Hence, it’s against the law to observe movies. TV shows, music videos, or premium sports content online without charge. they will dangerous, too. If they’ve stolen film content from production firms.
You could go to jail for viewing banned sites
The Indian government has just issued a new warning to those who visit “forbidden” websites in India: the offenders may get a three-year jail sentence plus a fine of Rs 3 lakh. The implementation is assisted by Internet service providers.
Is sexting legal in India?
Sending or receiving sexual photographs and videos of yourself or someone else is illegal. And this is a very serious offense and you can be charged with crimes related to transmitting pornography.