Pornography Rules in India

Nitish ChandanLaw168 Comments

pornography_rules_indiaThis is another one of those posts which I am writing because of a heavy amount of search queries. “Pornography rules in India”, are there any? If you ask a straightforward question, the answer is no. The reason so many people (not just youngsters) want an answer to this question is because they are consuming pornography and are afraid whether watching porn is legal in India. To break the ice for yet another time, it is legal.

Nobody in this country will put you in the jail for watching porn unless you are doing it in public. Well, there is the whole public morality law in question. But generally speaking, it is definitely legal to watch porn in India until and unless it is child pornography. For that even if you are afraid about the Pornography rules, you are as sick as this gets. No vigilante groups, hackers, state bodies etc. anywhere in the world support the idea of child pornography. The very fact that child pornography exists is a failure of the entire ecosystem of morals, internet, values and the law. Even in USA and UK  where possession of pornography has never been an offence, Child Pornography is condemned and is a penal offence.

That said, coming back to the topic of Pornography rules in India, it is apt to mention some things here. Though watching porn is legal yet making someone else watch it is a crime punishable by up to 7 years of imprisonment. Making someone else watch it might sound a little loose. Trust me when I say this, there are several cases where guys have often forced upon girls to watch porn. It has been while they have been in relationships or just friends as well. Within this ambit of “making someone watch” as I put it, the legal words are publishing, transmitting or causing any of the two. This means that if you publish anything containing a sexually explicit act, even if it is an image, you are liable for the same punishment. The same goes for transmitting in private messages, Facebook Chats, WhatsApp messages etc.

What if I sent someone an obscene picture?

There is definitely a law against it. As for this post, we will keep it to pornography. If you send someone a picture that depicts some sort of sexual act, you are liable for punishment. For anything else obscene, I will write another post.

Are sex stories legal?(From questions asked on this post)

If you go by the definition of law, unless a text is for the public good of creating awareness, sex education etc., “sex stories” though textual will still fall under the ambit of being called pornography and will be tried the same way. So no, sex stories are also within the ambit of the law which will criminalize you for publishing or transmitting. Consumption, however, is legal. So if sex stories are legal in the US and you read them here, it is totally legal.

Is porn hosted outside India legal?

Outside India is outside India’s jurisdiction in the practical sense. If pornography is legalized in the country where it is hosted, India cannot force upon the website to stop functioning. Alternatively, as we have seen, the Government or the Judiciary might ban it in India, if it is thought to be unacceptable.

To sum up all the pornography rules in India:

  1.  Watching porn at home is not illegal.
  2. Saving it on your personal laptop, smartphone, storage media is also not illegal.
  3. Distribution/Sale/Showcasing/Publishing/Sending on private messages etc. is illegal.
  4. Sending porn videos/images/texts or anything depicting sexually explicit acts (unless educational) to someone is also illegal.
  5. Sex stories are also sexually explicit content.
  6. Whether ISPs are causing transmission of such porn into the country is a grey area but practically they will not be held responsible except for child pornography.
  7. Child Pornography, in any sense, watching, saving, sharing etc. is totally illegal.

Read “Is hosting a Porn Website Legal in India?” here.

 

168 Comments on “Pornography Rules in India”

  1. i take a video in public place of girl and boy( just talking ) which are unknown to me and share it with the unknown person using shareit nd he make viral hrough whts aap//is there any case againt me ? poicw areest me and theytook my phn sincefrm 2 days….

    1. In a way you are infringing upon someone’s privacy directly and commercializing the video as well. This definitely qualifies for some action. However if there was some recording accidentally, then it might not be the case.

  2. Please privide details of laws under which publishing and transmission is illegal and law under which child pornograhy is banned

  3. Please give details of laws under which publishing and transmission is illegal and law under which child pornograhy is banned

  4. Whay do you mean by child pornography does that mean that children watching porn who are below the age of 18 ??? Or something else

    1. Hi,
      Sharing any kind of pornographic/obscene content is illegal in India. For better understanding, you can check Section 67 & 67A of the Information Technology Act, 2000 and Section 292 of The Indian Penal Code, 1860.

      Thanks,
      Raj Pagariya
      on behalf of The Cyber Blog India

      1. Can i upload my own masturation video to xvideos or porn sites… Is make problem put in jail.Can i upload it say Yes or No

        1. Hi,
          Such video will definitely fall under the definition of sexually explicit content. Hence, it would invite the application of Section 67A of the Information Technology Act, 2000. Even though such matters are rarely prosecuted in India, it is recommended to refrain from doing so. Apart from facial features, there are multiple ways to establish your identity.

          Thanks,
          Raj

    1. Hi,
      Even if you buy a domain and hosting from any other country, participating in any kind of activity leading to public display of pornographic content will attract the application of Section 292 of the Indian Penal Code, 1860.

      Thanks,
      Raj Pagariya
      on behalf of The Cyber Blog India

  5. Hi I am a web developer and I am getting enquiries from international clients to help them in building a porn web site and some times we may have to purchase some online stuff like images,videos and website themes etc. I am don’t no weather to take the project or not.

    Is it Legal to work on porn sites for other international clients?

    1. Hi,
      As per our understanding of Sec 292 of the Indian Penal Code, 1860, participating in any kind of activity leading to a public display of pornographic content is illegal in India, and hence an offense.

      Thanks,
      Raj

    1. Hi,
      As per our understanding of Sec 292 of the Indian Penal Code, 1860, participating in any kind of activity leading to a public display of pornographic content is illegal in India, and hence an offence.

      Thanks,
      Raj

    1. Hi,
      As per our understanding of Sec 292 of the Indian Penal Code, 1860, participating in any kind of activity leading to a public display of pornographic content is illegal in India, and hence an offence.

      Thanks,
      Raj

    1. Hi,
      You must immediately delete the said post.

      Thanks,
      Raj Pagariya
      on behalf of The Cyber Blog India

    1. Hi Siv,
      As stated in other comments as well, according to our understanding of Section 292 of the Indian Penal Code, 1860, participation of any kind in activities related to pornographic or obscene content is illegal in India.

      Thanks,
      Raj Pagariya
      on behalf of The Cyber Blog India

  6. Me and my partner decided to make our own porn video and put it on porwebsite for earning. Is it legal in India. Because it our own decision.

    1. Hi Amita,
      As stated in the previous comments as well, participating in any kind of activities related to pornographic/obscene content is illegal in India as per Section 292 of The Indian Penal Code, 1860.

      Thanks,
      Raj
      on behalf of The Cyber Blog India

  7. Hi,
    thanks a lot for this valuable info..
    my all time doubt is
    is it illegal to watch/download gay porn videos in india.? pls pls reply. its a grey area thats why i asked

    1. Hi Jithu,
      As per our understanding of Indian Laws, watching porn is not illegal in India but downloading is. The same thing has been discussed in this post as well. However, when we talk about specific genres, Indian Law prohibits child pornography in every sense.

      So, as far as I can deliberate, it is safe to say that watching gay porn is not illegal as no law prohibits it expressly.

      Thanks,
      Raj Pagariya
      on behalf of The Cyber Blog India

  8. IS SEX EDUCATION IN FACEBOOK IS LEGAL IN INDIA. AS I AM ABLE TO SEE MANY OF MY FRIENDS IN FACEBOOK ARE POSTING SEX EDUCATION POSTS IN THEIR TIMELINES WHICH AM ALSO ABLE TO SEE IN MY NEWS FEED. IF SO CAN YOU PLEASE GIVE ME LATEST ACT SECTION NUMBERS.
    THANKYOU.

    1. Hi Ankush,
      As per my understanding, sharing links or downloading porn videos comes under the ambit of distribution which is strictly prohibited under Section 292 of the Indian Penal Code, 1860.

      Thanks,
      Raj
      on behalf of The Cyber Blog India

    1. Hi Mahesh,
      As per our understanding of Section 292 of the Indian Penal Code, 1860, public exhibition of obscene content for any purpose is illegal.

      Thanks,
      Raj

    1. Hi Suresh,
      As per our understanding of Section 292 of the Indian Penal Code, 1860, participating in any activity leading to public exhibition of pornographic content is an offence in India. Moreover, Section 67 of the Information Technology Act, 2000 prescribes punishment for publishing or transmitting obscene content in electronic form.
      In addition, uploading such video can also come under violation of privacy.

      Thanks,
      Raj
      on behalf of The Cyber Blog India

  9. MMS sites must be ban india because these site’s serving hidden can videos…from hotels videos… And making by fraud person and they publish …do you know where we can reports these sites so these sites can be banned

    1. Hi Jitu,
      As per our understanding of Indian laws, participating in any kind of activity leading to public display of obscene content is illegal in India as per Section 292 of the Indian Penal Code, 1860.

      Thanks,
      Raj

  10. If i watch porn videos, pictures ,read sexual adult stories and download them in my computer for the purpose for that i dont need to search it again for my entertainment..because search again consume my internet data…is it illigal to save or download them….pls help..

    1. Hi Sandy,
      It is absolutely normal to download and store on your own laptop. There is no such issue as to illegality unless you give it to other people.

      Thanks,
      Raj

    1. Hi Subhadeep,
      From the legal point of view, if a person below 18 years of age is found to be watching porn, then he is a victim first.

      Raj

    1. Hi,
      As far as the legality of account creation is concerned, you must be eighteen years of age to enter into an agreement by accepting terms & conditions. When it comes to accessing pornographic content, please note that personal consumption is legal. However, participating in any kind of activity leading to the distribution of pornographic content is illegal.

      Thanks,
      Raj

  11. Hi, I am working in the digital marketing firm, India. We have some foreign clients and we are doing online escorts marketing for them through ad submission, and using various seo techniques is it illegal in india.

    1. Hi,
      This is indeed a grey area in the Indian Law. The relevant laws related to this issue are Section 292 of the Indian Penal Code, 1860 and Section 67 & 67A of the Information Technology Act, 2000. Section 292 (IPC) deals primarily with participating in any kind of activity related to an obscene object while Section 67 & 67A deal with the transmission of lascivious or sexually explicit content.
      As far as I can understand, the mentioned act can be brought under the purview of sub-clause (d) of clause (2) of Section 292.

      Thanks

  12. Hello Raj sir
    I have an channel account on xvideos and i upload my own sex videos and i earnings some money form the videos.
    Please tell me what can I do. Thats is legal ???
    And please tell me it’s legal or not

    1. Hi,
      Section 67A of the Information Technology Act, 2000 explicitly prohibits the transmission of material containing sexually explicit act. The same section also prescribes punishment for the same. The section reads as follows –
      67A Punishment for publishing or transmitting of material containing sexually explicit act, etc., in electronic form.
      Whoever publishes or transmits or causes to be published or transmitted in the electronic form any material which contains sexually explicit act or conduct shall be punished on first conviction with imprisonment of either description for a term which may extend to five years and with fine which may extend to ten lakh rupees and in the event of second or subsequent conviction with imprisonment of either description for a term which may extend to seven years and also with fine which may extend to ten lakh rupees.
      This section makes it very clear that irrespective of the person in the video, if a video contains sexually explicit act, then it is a punishable offence. I hope this clears your doubt. Feel free to write to us at contact@cyberblogindia.in in case of any further issues.

      Thanks,
      Raj

  13. to all above Q&A.One specifics, i would like to get clarity,any transmission or act is punishable then what are they doing in Bollywood movies.whether they are Any rated movies.semi nude or nude movies are showed in theaters.Even kissing scene is sexual act and showing it on screen in theater is punishable

    1. Hi Subhash,
      Section 292 IPC specifically talks about lascivious content or any content appealing to the prurient interest of the public while Section 67A (IT Act) talks about publication/transmission of sexually appealing content. Now, whether any piece of content appeals to the prurient interest of people is a highly subjective and debatable issue and surrounding society plays an integral role in its blurred definition. For example, kissing in the public place in India is not taken as lightly as taken in the western countries.

      For the content being displayed for the public entertainment, it gets accredited by CBFC and a grade prescribing the suitable audience is given. The cinema halls or theatre are indeed liable for allowing underage children to watch the content deemed not suitable for them by the law.

      Thanks,
      Raj

  14. Hi Raj Sir,
    What if I upload nude images n videos of me n my partner(with her permission)on pornsite n watsapp without showing our face.in india

    1. Hi Anand,
      Publishing or transmission of any type of content, irrespective of the visibility of personal identification features, is an offence as per Section 67A of the Information Technology Act, 2000. The applicability of this section still holds true even if you have taken the express permission of the person(s) involved in the video.

      Thanks,
      Raj

  15. hey tell me something is hentai / cartoon porn is iligel to??? i cant build or run site like that????? but its not real girls its just drawing from Japan nothing to do with india like savita bhabhi so what you think???? and if its iligel what problem i can face for runing site like that???

    1. Hi,
      Not only Section 67A of the IT Act, 2000, but Section 292 of IPC is also applicable herein this case. Even if it is in the form of cartoons, it can not be kept out of the definition of sexually explicit content or obscene content.

      Thanks

    1. While discussing child pornography, multiple factors have to be taken into consideration.
      1. Indian law recognises a person as an adult when he/she reaches the age of 18 years. Once the person turns 18, he/she is able to enter into contracts, vote, etc.
      2. When a child is below 18 years of age, it is considered that he/she is not competent to give legal consent. Allowing activities such as child pornography will result in exploitation of children in most of the cases.
      3. Other factors such as society and public policy also play an equally important role.

      Hence, to ensure that there’s no exploitation of children and they get proper care, child pornography and other related such related activities are prohibited.

    1. Hi Varun,
      As stated in the above-given article as well as other comments, watching pornography is legal in India, however, sale, distribution, publication, or transmission is not. I am not aware of any Government order dealing with banning specific sites except the one in 2015 banning 857 sites which was later on lifted.

      Thanks.

  16. Dear Sir
    Watching sex live streaming site on line is illegal or legal by giving token etc in india.

    Regards
    krish

  17. so watching porn sites at home on personal computers, laptops or any gadgets, does not mean any illegal activity and how much chances of getting traced by cyber crime surveillance or internet service provider. Watching porn sites is legal in india. Is it so….

    1. Yes, watching pornography is legal in India, however, distribution, sale, publishing, or transmitting it in any form is illegal. If you are not doing any activity which comes under the ambit of the word illegal, there will be no such thing as surveillance as you do have a right to privacy.

      Thanks,
      Raj

    1. Hi,
      If something like this happens, please report it to the concerned site so that the said content can be removed.

      Thanks

  18. hey i want to know nude photo, nude art, nude cartoon, ther many cartoon that show nude… anime show nude to but no sex… so all type of nude will be porn???? and i want to make one site with hand drawing art,digital art, cartoon, anime, but the have photo naked ( naked but not porn or sex.. just 1 girl siting topless or bottomless its art not porn) so if i run some site like that it will ok or indian government will have problem with that to????? how someone can tell if its porn or not…. like some movie have nude to but ther runing fine …..

    1. Hi,
      For the public exhibition of movies or films, Central Board of Exhibition & Film Certification (CBFC) has statutory powers under the Cinematograph Act, 1952. Accordingly, CBFC classifies and certificate the movies or films as A, U, U/A, S.
      However, in the context of art and cartoon, we will have to consider Section 292 of the Indian Penal Code, 1860 and Section 67, 67A, and 67B of the Information Technology Act, 2000.
      Section 67 talks about transmission or publication of obscene content while Section 67A & 67B deal with sexually explicit content and child pornography. Sub-section (1) of Section 292 specifies that any object including book, pamphlet, paper, writing, drawing, painting, representation or figure shall be deemed to be obscene if it is lascivious or appeals to the prurient interest of people. The only exceptions to avoid the applicability of Section 292 are content published for the public good and ancient sculptures.
      In simple terms, a piece of content can be termed as lascivious if it tends to excite lustful desires while appealing to the prurient interest means arousing an immoderate or wholesome desire in sexual activities.
      As per my understanding of the above provisions and definitions, the content described by you would definitely invite the applicability of the above-mentioned provisions of law.

      Thanks,
      Raj

  19. Hii I accidentally clicked on clickable links on YouTube which takes me to pornsite..does it creates any problem with my device???

    1. Hi Priya,
      There would be no problem with your device and it will work absolutely fine. However, please ensure that no file/application/software was downloaded when you clicked on the said link.

      Thanks,
      Raj

  20. Is there any chance to download any spy virus while watching porn??if yes then how do I check it..???

    1. Hi,
      With the number of ads present on such sites, chances of a malicious application or software being downloaded cannot be denied. Specifically, for your PC, you can use tools like Malwarebytes to ensure that everything is fine.

      Thanks,
      Raj

    1. Hi,
      Watching porn is not a crime. However, sharing, distributing or publishing in any form is an offence.

      Thanks

    1. Hi,
      As already stated in the previous comments as well, transmission or publication of obscene content or sexually explicit content or child pornography is an offence under Section 67, 67A, and 67B of the Information Technology Act, 2000 respectively.

      Thanks,
      Raj

  21. Hi Raj Pagariya:

    You say sharing porn videos is illegal. We friends have made a WhatsApp group, all men above 30, and we share videos within the group.. It is not public, so do you think this is illegal?? What necessary steps do we need to take to not commit any illegal acts?? Please answer my queries in detail.

    1. Hi Keerti,
      For the purpose of this answer, I would include Groups on Facebook as well as WhatsApp. As you would be familiar with, a Facebook group can be closed (i.e. the group posts are only visible to members) and open (i.e. the group posts are visible to the public). For a WhatsApp group, only the members can see the messages of the group.

      Before moving further, please read the following provisions given under The Information Technology Act, 2000 –
      1. Section 67 – Punishment for publishing or transmitting obscene material in electronic form
      Whoever publishes or transmits or causes to be published or transmitted in the electronic form, 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 who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it, shall be punished on first conviction with imprisonment of either description for a term which may extend to three years and with fine which may extend to five lakh rupees and in the event of second or subsequent conviction with imprisonment of either description for a term which may extend to five years and also with fine which may extend to ten lakh rupees.
      2. Punishment for publishing or transmitting of material containing sexually explicit act, etc., in electronic form.
      Whoever publishes or transmits or causes to be published or transmitted in the electronic form any material which contains sexually explicit act or conduct shall be punished on first conviction with imprisonment of either description for a term which may extend to five years and with fine which may extend to ten lakh rupees and in the event of second or subsequent conviction with imprisonment of either description for a term which may extend to seven years and also with fine which may extend to ten lakh rupees.
      3. Punishment for publishing or transmitting of material depicting children in sexually explicit act, etc. in electronic form.
      Whoever,-
      (a) publishes or transmits or causes to be published or transmitted material in any electronic form which depicts children engaged in sexually explicit act or conduct or
      (b) creates text or digital images, collects, seeks, browses, downloads, advertises, promotes, exchanges or distributes material in any electronic form depicting children in obscene or indecent or sexually explicit manner or
      (c) cultivates, entices or induces children to online relationship with one or more children for and on sexually explicit act or in a manner that may offend a reasonable adult on the computer resource or
      (d) facilitates abusing children online or
      (e) records in any electronic form own abuse or that of others pertaining to sexually explicit act with children, shall be punished on first conviction with imprisonment of either description for a term which may extend to five years and with a fine which may extend to ten lakh rupees and in the event of second or subsequent conviction with imprisonment of either description for a term which may extend to seven years and also with fine which may extend to ten lakh rupees:
      Provided that the provisions of section 67, section 67A and this section does not extend to any book, pamphlet, paper, writing, drawing, painting, representation or figure in electronic form-
      (i) The publication of which is proved to be justified as being for the public good on the ground that such book, pamphlet, paper writing, drawing, painting, representation or figure is in the interest of science, literature, art or learning or other objects of general concern; or
      (ii) which is kept or used for bonafide heritage or religious purposes
      Explanation: For the purposes of this section, “children” means a person who has not completed the age of 18 years.

      From the above provisions, it is clear that Section 67, 67A, and 67B talk about obscene content, sexually explicit content and child pornography respectively. The important point to note here is these provisions specifically talk about publication and transmission of such content.
      So, even if it is a closed group or limited to a certain number of people, the act of sharing such videos would invite the application of the above-mentioned provisions and hence, such an act would be deemed as illegal.

      I hope this answers your query. In case of any clarification, feel free to write to us at contact@cyberblogindia.in.

      Thanks,
      Raj

  22. Wattpad stories are illegal or not??? Can we write stories where some sexual scenes are added which are little appropriate so please help is it legal or not?

  23. Hello Raj..This article cleared a lot of doubts. Wanted to take a moment and appreciate the effort you put in writing this article and even answering plethora of questions from members. Wish you all sucess n happiness. – Nandu

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  26. Is it legal to upload porn with no face and also me and my partner agreed to do so without showingface on web site like porn hub,, and also there are many indian porns on xnxx so are they legal??

    1. Hi Vikas,
      Irrespective of the agreement between you & your partner and visibility of your face, publication or transmission of content which is obscene and sexually explicit is an offence under Section 67 & 67A of the Information Technology Act, 2000 respectively.

  27. hello sir,
    if someone upload their own nudity on pornsites like xvideos and no one reports it .
    so can cyber crime branch take survellience routinely to identify such person and report/take action on such person?

    1. Hi Rishi,
      Even when no one has reported, the cyber cell or the concerned police station can initiate a suo moto action against the person involved in such acts.

      Thanks

  28. and liking and commenting on pornographic video can this too be considered as illegal?
    which show identity of a person as an indian(not indian origin) locality.

    1. Hi,
      As per my understanding, liking or commenting on a particular site where such content is hosted would not be considered as an offence. If the said content is shared on any social media platform, it would definitely be an offence.

      Thanks

  29. last thing what the hell kind of law is this? sexual education through video,images is legal,
    but if somebody from india want to publish such video with consent on adult site for entertaintment or pleasure is illegal why our system is biased it dosen’t make any sense?
    if publishing pornographic is illegal what about cinema hall that showcase adultery on cities?
    thanks in advance

    1. Hi Rishi,

      Section 292 IPC specifically talks about lascivious content or any content appealing to the prurient interest of the public while Section 67 & 67A of the Information Technology Act, 2000 talk about publication/transmission of obscene and sexually appealing content. Now, whether any piece of content appeals to the prurient interest of people is a highly subjective and debatable issue and surrounding society plays an integral role in its blurred definition. For example, kissing in the public place in India is not taken as lightly as taken in the western countries.

      For the content being displayed for the public entertainment, it gets accredited by CBFC (Central Board of Film Certification) and a grade prescribing the suitable audience is given. The cinema halls or theatre are indeed liable for allowing underage children to watch the content deemed not suitable for them by the law.

      Thanks,
      Raj

    1. Hi,

      Reading sex stories is not an offence. However, sharing them on social media platforms may be considered as an offence.

      Thanks.

  30. hi,
    recently i saw a video on the twitter wall of my friend. he posted it on his wall and (not shared), As the content was not shown (even without knowing what is in the video) I simply clicked on it. I thought it would be some short funny memes (was about 30 seconds duration), only when clicked I knew it was porn(adult). I closed it right away but I noticed one thing. before clicking on it the view was 102 but after clicking it turned 103. That means the click is counted. I am scared i didnt know it was porn as the clip screen was totally black. Am I gonna get into trouble. Pls reply.

    1. Hi Naresh,

      This is indeed a subjective question. However, the answer to this question depends entirely on how society at large considers certain actions to be obscene. At certain places, kissing and hugging would be completely normal while at other places, this might not be the case.

      Thanks

  31. I have a msg from u.s , they asking that indian goverment deals with them to avoid youth from seeing porn . They do enquiry of me by asking some que .. is this true that goverment of india give any right to any forgine agency ….Or this is type of any froud

  32. Hi Raj,
    The article was really informative and its really great that you take the pain to reply to each and every comment.
    I have a few questions just out of curiosity (i apologize in advance if some or any of them seems bizarre):

    1) As you said in comments earlier – participating in any kind of activity leading to public display of pornographic content will attract the application of Section 292 of the Indian Penal Code, 1860 – so suppose if a porn website has its shares listed abroad and a person from India invest in them, what is the legal perspective on that?

    2) Suppose if a person clicks on a pornographic link on a pornographic website and afterwards he finds out that it is clearly child pornography then what is legal consequence for (a) him (b) hosting website (c) ISP

    3) What are the provisions in India regarding pornography involving animals in terms of watching/accidentally watching and hosting?

    P.S.: all situations above are hypothetical

    Thank you in advance 🙂

    1. Hi Jay,
      It is completely normal for us to answer queries like these via emails, WhatsApp, or here on the website. Here are the answers to your questions –

      1) If Section 292(2)(c) is to be interpreted, it will be assumed that the person investing in the company (even if it was listed in a foreign country) had the knowledge about the results of his investment. Hence, Section 292 will be applicable.

      2) As per Section 67B of the IT Act, 2000 prohibits transmission or publication of child pornography. A person accidentally clicking on such link might not be prosecuted. For hosting websites, Section 67B will be applicable and the website owner has to face consequences. As for ISPs, Section 79 of the same act will be applicable.

      3) In the IT Act, 2000, Section 67B specifically talks about the involvement of children. However, Section 67A and 67 talk about sexually explicit content and obscene content respectively. If these sections are read with Section 377 of the Indian Penal Code, 1860, the state can initiate prosecution. Moreover, the interpretation of words sexually explicit content and obscene content is completely up to the court hearing the matter.

      In case you have any queries, feel free to drop an email at contact@cyberblogindia.in.

      Thanks,
      Raj

  33. Sir, today i received a call from Calcutta saying we have arrested 2 group of people from Maharashtra n west bengal and they found my pictures on their phone! The person who was calling me he said he is police and told i had posted something on locanto so even I’ll be arrested for same! But is it illegal to post anything on locanto? And will i get arrested for that?

    1. Hi Shubham,
      The legality in your case depends entirely on the type of post you made. Please share the relevant details at contact@cyberblogindia.in so that we are better able to understand your case and help you accordingly.

      Thanks,
      Raj

  34. Hi, what if one earns money from adult CPA sites. for that I need to have porn sites. If I earn money from USA, will that be counted as illegal?

    1. Hi,
      In this situation, Section 292(2)(c) will be applicable and it reads as follows –
      takes part in or receives profits from any business in the course of which he knows or has reason to believe that any such obscene objects are for any of the purposes aforesaid, made, produced, purchased, kept, imported, exported, conveyed, publicly exhibited or in any manner put into circulation, or

      So, as far as my understanding goes, this income will definitely be counted as illegal.

      Thanks,
      Raj

  35. Is developing and marketing through Google AdWords for an escort website legal or illegal? What other formalities do I have to take care if it is legal? I’m a software engineer by profession.

    1. Hi Anuj,
      Section 292 IPC talks about any object which can be deemed to be obscene if it is lascivious or appeals to the pruri­ent interest of the public while provisions of the IT talk prohibit transmission of obscene content, sexually explicit content, and child pornography. Here in this case, none of these provisions will be suitably applicable.

      Do check The Immoral Traffic (Prevention) Act, 1956 available at https://web.archive.org/web/20150502184617/http://wcd.nic.in/act/itpa1956.htm. If the escort service involves sexual activities as well, then putting such an ad in public will be illegal.

      For further discussion, feel free to write to us at contact@cyberblogindia.in.

      Thanks.

  36. Should I do anything if I encounter something where it seems like the act being carried out is not mutual as the woman appears to be asleep or unconscious.

  37. If bf is threatening to make viral porn vedio on social medias of different girl as if of his girlfriend with her mobile number as a invitation to males to approach for sex, which law would get applied, suggest proper way

  38. Hi my question to you is that is it illegal to maintain an escort website for an Indian client. I am a freelancer developer. The website does not have any nude pics. Content is also very well written. Overall website looks like a decent modelling website rather than escort website. Please suggest what should I do as this is the only client I have. No other income source.

  39. Hello sir, I am working in digital marketing and right now i am planing to publish a porn website but i will banned in India due to our stick law and it will also host outside of India. then it will be legal.. .. kindly suggest me in briefly.

    1. Hi Manish,
      If Indian Law is to be understood in the truest sense, participating in any kind of activity related to the publication of obscene/sexually explicit content or the content which appeals to the prurient interest of the public with a knowledge that profits will be realized from the publication of such content, is a crime under Section 292 of the Indian Penal Code, 1860. Do check out our blog post dealing with hosting of porn websites in India – https://cyberblogindia.in/hosting-a-porn-website-legal-in-india/.

      Thanks,
      Raj

  40. almost all Q have been answered, the fear and doubt is so high among the fearful person, others are using porn like daily dosage. I consider Watching porn is like a fantasy fulfillment. If porn is observed
    – On Phone for personal consumption via on line
    – Some time lonely on official computer
    – Reading porn story on our own phone / computer
    If above data is stored personal computer or deleted after reading on official computer is it ok?

    Why porn site are not blocked which have child content, violence etc… unnatural etc
    Erotic one is food for many i think they should not be banned
    Sex deprived, sexual dead couples net porn is life line i feel so

    thank you cyber blog India
    this is the place where many Q are answered

    1. Hi,

      Thanks for the appreciation. As per my understanding, it is completely ok to watch such videos or read stories in your personal space. The law comes into play when one shares the same content from his phone or mobile to someone else. So, I do not think there will be any problem with storing such data for a while and duly deleting it after reading/watching.

      With the ever-increasing number of websites pornographic content, it is not easy for the government or any law enforcement agency or any regulatory body to monitor all these websites. Appropriate actions are indeed taken regularly to block such content which is prohibited by law. You might see a message like This website has been blocked as per the notice received from the Government of India. In addition, if the government brings up stringent or strict measures, there will be an argument from the Internet activists that the government cannot censor the internet.

      Thanks,
      Raj Pagariya
      on behalf of The Cyber Blog India

  41. If someone accidentally misspells a site name on the Google search bar for images and illegal content concerning kids shows up on the images ,should they report it?Where and would they be jailed?

    1. Hi,
      If you come across such content on a particular platform such as Google, Facebook, etc., you can appropriately report the said content to the concerned content removal team.

      Thanks

  42. Dear Raj,

    Thank you for such an informative post.

    I am a designer and I work for a client who is in the business of selling sexual performance pills. I have designed a webpage for which which contains images of private parts (purely for educational/health purposes) to see the benefits of the pills.

    Can that be constituted as obscene as the client needs those images to prove the functionality of the pills?

    Warm Regards
    Robin

  43. Hello , I want to know one thing ― You said as per Indian law Publishing to public is illegal. Then My question is how we can find Indian Porn Movies on top Porn sites people are uploading regularly ? As per rule it’s illegal then why police is not arresting them who are uploading hidden cam porn videos
    And if Police is arresting then how police is caughting these people?
    If police is not arresting then how it can do so ?

    1. Hi,

      I will try to thoroughly answer your queries.

      Section 292 of the Indian Penal Code, 1860 prohibits many activities related to obscene content while Section 67, 67A, and 67B of the Information Technology Act, 2000 talk about transmission or publication of obscene content, sexually explicit content, and child pornography respectively. If these provisions are to be understood in their true essence, uploading such content for public access can definitely come under the ambit of being an offence.

      Considering that cyber laws in India are still in the development phase, the concerned law enforcement agencies (LEAs) do take appropriate actions when a victim reports such a crime. The investigation process begins with the content takedown and further investigation is carried out on the basis of details provided by the involved website. Since the majority of these sites are hosted outside India, the chances of a website complying with the notice under Section 91 of the Code of Criminal Procedure, 1973 are highly unlikely. As far as my experience of working with LEAs and assisting them in cyber crime investigations, I have not seen any case where an LEA has taken suo moto action against such content being uploaded.

      In case of any further clarifications or queries, feel free to write to us at contact@cyberblogindia.in.

      Thanks,
      Raj Pagariya

  44. Ok that’s agreed that it’s illegal .My Question is how the doer (criminal) will be caughted out
    My straight forward question is IF their is no victim, Simply a person uploaded it’s content which has no victim. Then , CAN the Indian ISP (internet service provider) report to police regarding uploaded content.
    Can ISP do that FIR ?
    Suppose I have shared (uploaded) a porn video to any of top porn sites using my internet data . And the uploaded video has no victim , means it’s just a fare use of legally produced porn of other country (say USA ) So in that case will my ISP will raise objection and will it report to police .

    And if ISP can do that? Then Can I use VPN Service to upload that content so that even ISP will not be able to notice my Uploaded Data

    1. Hi Hamira

      Theoretically, an ISP can report such an incident being shared if even there is no victim. For example, a person A uploads a video containing sexually explicit content, then it is a crime against the state under the relevant legal provisions and can indeed be reported by the said ISP.

      Thanks
      Raj P

  45. Hey, Suppose if there is no victim ie, nobody is going to do an FIR as victim. And if I upload such a Porn movie to porntube sites which has no victim.
    Then,
    What is the other way that I would be caught down. Can my ISP ― Internet Service Provider complaint to police regarding that porn data ? Can my ISP do so ? Up till now, my knowledge is that ISP can’t do so. But that’s my confusion Please Clarify that ― can ISP Complain to Police?

    1. Hi Santu
      I believe you have sent the same query via mail. One of our team members will revert to your mail shortly.

      Thanks,
      Raj

  46. Hi,

    I am a digital marketer. One of my client in Dubai is into adult product which is http://titan-gel-official.tilda.ws/. I help him out in terms of digital marketing. That is I advertise for him in digital media with techniques like blogging, SEO, pay per click advertising to get him sales. Then he ships the product to the customers as they order. What I want to know is, is this by any means illegal? Awaiting you reply

    1. Hi Ankith

      I believe I have reverted to you via mail. Let’s discuss it further over there.

      Thanks,
      Raj P

  47. Hi,

    Publishing a video in social media which conveys a good message like equality of both sexes, sex education etc, however the video has a small logo of adult website for marketing. Is it legal to share such videos on social media?

    Thanks for your answer.

  48. Hi,

    I am working on marketing adult website and would like to know if one can share a video in social media conveying good message like equality in both sexes, sex education etc however it has a symbol of adult website for marketing. Is this considered as illegal as there’s no adult content in the video itself.

    Thanks for your reply in advance.

  49. Hello sir I have some questions please help me.
    1: if I download abult porn in my mobile is it legal or illegal.
    2 some porn website are not opening in chrom but still there are opening uc browser and opera browser so if I use those website from this application is it illegal??
    3 and if I send porn website link to my friend is it illegal or not.
    4 and I am 19 year old so can I watch abult porn.

    1. Hi,
      As per the provisions of the Information Technology Act, 2000, watching pornography is legal, however, sharing is not. There has been a recent directive from the Department of Telecom ordering ISPs to block around 820 porn sites. The reason behind you being able to access those sites in UC or Opera is because of aggressive routing protocols used by both these browsers. As of now, there is no law as to view the blocked content on the Internet, however, as I mentioned, sharing is definitely illegal.

  50. I was reading a blog or article where the mother writes that it is inappropriate to call her kids sexy and I searched the same thing on google search “inappropriate to call … “.No illegal content showed up but I immediately realized what I searched and exited the tab quickly.Will
    I be arrested or questioned for it.

  51. I was reading a blog or article where the mother writes that it is inappropriate to call her kids ‘sexy’ and I typed the same
    thing on Google search “inappropriate to call…”.No illegal content showed up and I didn’t go to Google images and exited the tab quickly .Will I be arrested or questioned for it.

  52. How come sunny leone is unaffected by these laws and rules ? seems like rich people can get away with this shit right ?

    porn got banned but not her ..wow , this is it india is india

    1. Hi,

      As far as I understand, Sunny Leone has been a part of the videos which were compliant with the US laws. The recent ban only blocks access to a certain set of websites. If you access websites other than the ones which are blocked, it is completely legal to watch pornography in your personal space – as we have discussed in this post, however, publication or transmission is not.

      Many people often synonymise Sunny Leone with porn herein India, while she is simply one of many actors involved in the business.

      Thanks,
      Raj

  53. If an Indian Citizen, outside India subscribe to Paid Porn, is that counted as illegal?

    Also, why are books like Difty Shades of Gray, sold in India legally, if they are technically sex stories.

  54. Hi Raj sir,

    Agar maine apne partner ki permission se watsapp per usko private porn video share ki to ye illegal hai???
    Aur agar galti se kisi ko watsapp par share hui aur usne complaint nahi ki to jail ho sakti hai kya??

    1. Hi Vinod

      Ideally to aapko kisi bhi tarah ka pornographic content internet ka use karke kisi ko bhi share nahi karna chahiye. Agar galti se share kiya tha aur koi complaint nahi hui hai to koi tension wali baat nahi hai. Agar aapke aur koi questions ho, to contact@cyberblogindia.in par zarur likhe.

      Thanks
      Raj P

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