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Q.SCN from Customs for Online Order of Adult Toy
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Q. SCN from Customs for Online Order of Adult Toy

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Anonymous

posted 7 months ago

Ordered an adult toy for someone who has been single since a long time. The object depicts an artificial female private part.

Facts of the case:
1. At time of ordering, I did not know the law around purchase and import of adult toys. Although I was ordering for a friend, I was smart to misspell my first name.
2. The item has been held by customs today so I am expecting a show cause notice. But, yesterday itself, I submitted cancellation request to the seller in writing on their website and took screenshots. Both, of the tracking on India Post and the website showing my cancelling request in writing.
3. I no longer want the item after the law is clear. Don’t want a person hearing. Ready to pay the fine and let go of the item.

Please share a draft reply to such an SCN. It will help a lot of people around the Internet.
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A. Dear Client,
if you are not taking ordered shipment then no need to worry, After passing reasonable time Custom shall destroy it.

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Abhishek Srivastava

Experience: 2 Year(s)

Responded 4 months ago

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A. Not to worry

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ARPIT BATRA

Experience: 11 Year(s)

Responded 7 months ago

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A. Dear client kindly cancel order and if custums got your order then they just seized it.

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Deepak Bade

Experience: 9 Year(s)

Responded 7 months ago

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A. you can contact me through Vidhikarya for a draft reply

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ROBERT D ROZARIO

Experience: 15 Year(s)

Responded 7 months ago

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A. Ordering an item is not a crime. If customs officials confiscate it, let it go. They cannot do anything to you.

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A. You should mention erroneous booking of one item for another item and that is why you cancelled the order showing the nearby item. You did not receive and hold the article. You cancelled the order. There is no intention to retain the article. So you can reply the authorities showing your cancellation order copy.

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sistla ramakrishna

Experience: 29 Year(s)

Responded 7 months ago

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A. As the order is shipped and at the customs warehouse you will receive a show cause notice in this regard. Please visit to the customs office and pay the penalty and request the article to be destroyed as ordered due to lack of legal knowledge.

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Vimlesh Mishra

Experience: 26 Year(s)

Responded 7 months ago

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A. Dear Client,
Sex toys are openly sold in different parts of India including Delhi’s Palika Bazaar and Mumbai’s Crawford market. There’s been an explosion in the e-commerce segment for sale of adult or sex toys varying from all kinds and types of them.

But, Section 292 – of Indian Penal Code - prohibiting the sale of sex toys (1) For the purpose of sub Section (2),
a book,pamphlet,paper,writing,drawing,painting,representation,figure or any other object, shall be deemed to be obscene if it is Lascivious or appeals’ to the prurient interest or if it effects, or where it comprises two or more distinct items) the effect of any one of its items, is, if taken as a whole, such as to tend to deprave and corrupt person, who is likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it] .

Punishment-On the first conviction, with imprisonment for 2 years, and with fine of 2,000 Rupees, and, in the event of second of subsequent conviction, with imprisonment for five years and with fine of 5,000 Rs-Cognizable-Bailable-Triable by any magistrate-Not Compoundable.

The Section 377 of the Indian Penal Code, which criminalizes different sexual activities
“averse the order of nature,” also comes into picture in the current scenario. As the act
itself is illegal, the toy simply becomes an aid to the illegal activity as well.

The main question arises here is how to classify which sex toys should be allowed for import and which should not be. From what I know, the obscenity laws of our country i.e. IPC 292, 293 and 294 are speculative when the issue comes regarding the import and sale of sex toys.
According to the Calcutta High Court, any product or manual suggesting any kind of stimulation for the enjoyment of sex, if not expressed in any dishevelled language, cannot be stated as obscene. So, yes import of sex toys is legal only if it doesn’t contain any obscene language or objectionable pictures.

‘In 2011, The Calcutta High Court addressed the issue whether sex toys sold in India comes under the charges of “obscenity”. The Court held that the charges on obscenity cannot be held as they were not legally sustainable. Just because the toy brings out sexual desires, it cannot be labeled as ‘obscene’.
Selling of sex toys – a provision of Information Technology Act is attracted. Section 67 of the Information Technology Act bestows publishing of information which is obscene in any electronic form. The section states that whoever publishes or disseminate in electronic form any material which is salacious or tend to bestialize an individual shall be punished on the first conviction with imprisonment which may prolong to five years and with a fine which may extend to one lakh rupees and in the instance of second conviction with imprisonment which may prolong to ten years also with a fine which may extend to two lakh rupee

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Shanti Ranjan Behera

Experience: 22 Year(s)

Responded 7 months ago

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A. Dear client now there is no problem with u. U have canceled the order and have not received the item so u need not to worry.

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Vishwabandhu

Experience: 38 Year(s)

Responded 7 months ago

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A. You just put in your own words admitting the guilt and explaining the real facts and authorities will show leniency

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