Pornography Laws in India: A Complete Guide
The entry of internet has brought the world closer to accessing adult related content but in India, the laws regarding pornography are strict and well-defined. Although the issue of the law can be tricky, it is always necessary to learn what can be done and what may lead to potential criminal responsibility.
What is Pornography?
Pornography refers to explicit material that depicts sexual acts, intended to arouse sexual excitement. In India, the term primarily relates to content that violates decency and morality under various laws.
Key Laws Governing Pornography in India:
1. The Information Technology Act, 2000 (IT Act)
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Section 67: Punishes publishing or transmitting obscene material electronically.
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Section 67A: Punishes material containing sexually explicit acts.
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Section 67B: Specifically prohibits child pornography and sexually explicit material involving minors.
2. Indian Penal Code (IPC), 1860
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Section 292: Bans the sale, distribution, or public exhibition of obscene material.
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Section 293: Punishes sale or distribution of obscene material to minors.
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Section 294: Penalizes obscene acts or songs in public places.
3. The Protection of Children from Sexual Offences (POCSO) Act, 2012
Strictly criminalizes:
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Creation
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Possession
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Distribution of child pornography.
4. Indecent Representation of Women (Prohibition) Act, 1986
Prohibits representation of women in an indecent or derogatory manner in ads, publications, writings, and paintings.
Is Watching Porn Legal in India?
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Viewing of adult pornography privately (by adults who consented) is not an offence in black and white.
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However, an act of downloading, sharing, production, or transmission of such content can be penalized using IT Act and IPC.
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Child pornography is not allowed by any means.
Strictly Prohibited Activities:
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Producing pornography
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Selling or distributing pornographic material
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Publishing or transmitting pornography online
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Child pornography (zero tolerance, with severe punishment)
Punishment for Pornography-Related Offenses:
| Offense | Relevant Law | Punishment |
|---|---|---|
| Transmission of obscene material | IT Act, Sec 67 | Up to 3 years + fine |
| Sexually explicit content | IT Act, Sec 67A | Up to 5 years + fine |
| Child pornography | IT Act, Sec 67B / POCSO | Up to 7 years or more + fine |
| Selling obscene materials | IPC Sec 292 | Up to 2 years + fine |
| Indecent representation of women | IRW Act | Fine & imprisonment |
Government Action Against Pornography:
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The Indian government commonly censors porn sites.
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ISPs are intentionally told to prohibit the access of some websites.
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Strict control of online contents particularly on child abuse contents.
Tips for Staying Legally Safe:
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Do not send or post any pornographic materials.
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Do not archive or distribute the child sexual abuse material (CSAM).
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Do not share obscene material using messaging applications and social networks.
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Be careful of sites which automatically download pornographic material.
Recent Developments:
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The government is intensifying cybercrime squads to deal with pornography.
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Blocking of websites displaying forbidden materials is usually done by court orders.
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There is also debate on the tighter control implementation using online mediums.
Conclusion:
The laws on pornography in India mainly aim at safeguarding moral values in the society and prohibiting child abuse as well as controlling the circulation of obscene materials. Although the consumption of such material among adults might exist in a grey situation, the production or even sharing of such stuff is a severe penalty according to the law of India.
