Have ordered a Sex toy Have ordered a Sex toy

2 years ago

I've ordered a Sex toy from the States without having knowledge that is it legal or illegal, but after placing the order I see that it's illegal and I've mailed the company to cancel it, but no reply from there, just wanted to know if it's shipped to Mumbai and the customs stop it, what consequence will I have to face? And what is the way to get rid of it.

Viswanath M K

Responded 2 years ago

A.1. If you receive any show cause notice from the customs. you may have to pay a fine of Rs. 5000/-.
2. You can have a record of your cancellation request to prove your bona fides.
3. You may be invited for a personal hearing which you can request to dispense with.
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Anik

Responded 2 years ago

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A.Hi,
In India, there is presently no legislation that forbids or allows the sale of sex toys. Section 292 of the Indian Penal Code, on the other hand, can be used to restrict the sale, exhibition, advertising, import, or export of sex toys on the ground of obscenity. In addition, it has been determined in many decisions that the customs barrier to sex toys is unsustainable. There is also protection in the form of the right to privacy. Therefore, at the very instance, there would be no problem, however, it is advisable to be in touch with an advocate to prevent further legal problems.
Thank you. Kindly rate the answer.
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Ayantika Mondal @ Prime Legal

Responded 2 years ago

A.Hi,
There is currently no legislation in India that specifically prohibits or authorizes the selling of sex toys. However, on the basis of obscenity, Section 292 of the Indian Penal Code can be used to prohibit the sale, display, advertising, import, or export of sex toys. Further in several judgments, it was held that the customs barrier to sex toys is not sustainable. There is also protection in the form of the right to privacy. Therefore, at the very instance there would be no problem, however it is advisable to be in touch with an advocate to prevent further legal problems.
Thank you.
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