top of page
Search
Writer's pictureLead India
Nov 7, 20233 min read

Is It Illegal To Watch Porn In India?

The reporting or depiction of sexual acts in books, movies, or other media with the intention of arousing sexual desire is referred to as pornography. This includes, among other things, pornographic websites, computer-generated pornography, and downloading and sharing pornographic texts, movies, images, and other media via the internet.

To put it plainly, watching porn privately in India is not illegal under Indian penal laws, but there are some restrictions on this freedom that the Indian judiciary has repeatedly established.


Laws Relating to Pornography in India

Indian Penal Code:

Selling, distributing, exhibiting, circulating, importing, or exporting any pornographic photograph, writing, pamphlet, book, or drawing that is lusty, lewd, or that depraves or corrupts another person is illegal under the virtue of Section 292 of the Indian Penal Code.

  • Punishment: On the first conviction, the offender faces a maximum sentence of two years in prison and a maximum punishment of two thousand rupees in penalties. If found guilty again, the sentence might be increased to five years in prison and a fine of up to five thousand rupees.

A person under the age of eighteen who sells, distributes, shows, or circulates any obscene artwork, writing, book, pamphlet, or drawing that is lusty or vulgar will be punished.

  • Punishment: A fine of up to rupees and a maximum sentence of three years in prison for a first conviction. And a fine of up to Rs. 5000 along with a maximum seven-year jail sentence for a subsequent conviction.

Information Technology Act:

Pornographic content is now mostly accessible online, which is why the Information Technology Act of 2000's Sections 67A and 67B were put into effect.

Publication and electronic transmission of explicit sexual acts or conduct are prohibited under the virtue of Section 67A of the Act.

  • Punishment: The offender faces a maximum sentence of five years in prison and a fine of one lakh rupees on the first conviction. The maximum sentence in the case of a second conviction is seven years.

According to Section 67B of the IT Act of 2000, it is illegal to publish or transmit any electronic material that shows youngsters acting in a sexually explicit manner or appearing angry. It is illegal to view, download, or transmit any pornographic content featuring children.

POCSO Act:

The POCSO Act of 2012's Section 14 makes it illegal to utilize minors or children for pornographic purposes, and the penalties.

  • Punishment: A minimum of five years in prison and a fine are part of the punishment. If there is a second conviction, the sentence and fine might be increased to seven years.

Additionally, it is illegal to save, own, transmit, propagate, display, or distribute child pornography in any way according to Section 15 of the POCSO Act.

  • Punishment: The penalty for keeping or having child pornography for profit ranges from three to five years in prison.

Watching Porn in Private Space: Legal or Illegal?

  • While it is permissible to watch graphic sexual content in private in India under the IT Acts and the IPC, sharing and distributing such content was made illegal in 2015 by a ruling by the Supreme Court.

  • The Department of Telecommunications (DoT) was ordered by the union government in August 2015 to require internet service providers (ISPs) to ban access to 857 pornographic or adult websites. Later on, though, it was announced that the prohibition is only temporary.

Role of the Judiciary

  • In the case of Kamlesh Vaswani v UOI & Ors, orally, the Supreme Court of India declared that it is lawful to watch porn in a private room since it may be covered by the right to personal liberty guaranteed by the Constitution. Thus, only a legally recognized mechanism may be used by an authority to revoke such a right.

  • In the case of P.G. Sam Infant Jones v State, Judge G.R. Swaminathan of the Madras High Court decided whether or not child pornography is illegal. In this instance, the petitioner used his Airtel SIM to search, download, and send child pornographic content via his Facebook account and email.

This restriction doesn't have enough legal support because it makes it very evident that the government was only using the government's need for cover to support its illogical blanket ban. People in Kamasutra country can now watch porn on the internet again because the administration has finally lifted the ban due to the intense criticism and outcry from the public.


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


Call Us: +91–8800788535

Email: care@leadindia.law


0 views0 comments

Comments

bottom of page