Simply put, watching porn isn’t illegal in India, but distributing such content is. This means, there won’t be any legal action taken against you if you are watching porn in a private setting, and there is no concerning obscene content such as child pornography or anything like that. But yes, if you are caught selling or distributing pornography content, then there will be legal consequences and you can even see jail time along with huge fines. Today, we will take a look at what are the specific laws regarding porn in India, and what is legal and what is not. Alright, here we go.
What Are The Laws Regarding Pornography In India?
Several regulations govern pornography in India, including those concerning it under the Indian Penal Code (IPC) and Information Technology (IT) Act. IPC prohibits public exhibition, distribution, or even sale of obscene materials under sections 292 and 293 of the respective code. Section 292 provides punishment for habitual offenders and prohibits selling or distributing books, paintings, and all other obscene objects. These restrictions are further narrowed down by the very IT Act itself, in the sense that the same specifically refers to the electronic transmission of any obscene material. Of mention under this category, Sections 67A and 67B are most important because the IT Act punishes severely for electronic publications of explicit content or any such act.
Key Supreme Court Decisions
The role of the Supreme Court in interpreting pornography laws in India has seen it draw a major analogy that the distribution of such content is illegal. On the other hand, criminal offenses for pornography include private watching at home. A landmark ruling in 2015 reiterated that private consumption of pornography is a matter of personal freedom and must not be interfered with by authorities unless it involves children or breaches any other law.
The Government of India, through its Department of Telecommunications, has been issuing periodical bans against websites they feel are the biggest distributors of pornographic content. Their underlying objective is to enhance safety and moral standards in cyberspace. Despite this, such measures often encounter opposition from the public who view them as infringements on personal freedoms. The same regulation from the government also carries over to the Over-The-Top (OTT) platforms to ensure the contents of their programs follow the legal norms as upheld in India.
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