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Q.Clarification on porn law in india
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Q. Clarification on porn law in india

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Anonymous

posted 1 month ago

For clarification Purpose: Is downloading porn videos and watching it alone in my private room and then deleting it, is it illegal in India?
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A. Don't send it

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Rameshwar Dadhe

Experience: 2 Year(s)

Responded 1 month ago

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A. In India, under the Information Technology Act, 2000, this is a grey area of the law, where it is not prohibited but not legalized either.
Under Section 67 of the Information Technology Act, 2000 makes the following acts punishable with imprisonment upto 3 years and fine upto 5 lakhs:

Publication- which would include uploading on a website, whats app group or any other digital portal where third parties can have access to such content.
Transmission- this includes sending obscene photos or images to any person via email, messaging, whats app or any other form of digital media.
Causing to be published or transmitted- this is a very wide terminology which would end up making the intermediary portal liable, using which the offender has published or transmitted such obscene content. The Intermediary Guidelines under the Information Technology Act put an onus on the Intermediary/Service Provider to exercise due diligence to ensure their portal is not being misused.
Section 67A of the Information Technology Act makes publication, transmission and causing to be transmitted and published in electronic form any material containing sexually explicit act or conduct , punishable with imprisonment upto 5 years and fine upto 10 lakhs.

Viewing Cyber pornography is legal in India. Merely downloading and viewing such content does not amount to an offence.
Publication of pornographic content online is illegal.
Storing Cyber pornographic content is not an offence.
Transmitting cyber pornography via instant messaging, emails or any other mode of digital transmission is an offence.

However, there is one case in which viewing Cyber pornography is punishable with imprisonment upto 5 years and fine upto 10 lakhs. Where the content contains children engaging with one another or with adults in sexually explicit acts.

Browsing or downloading Child pornography online is also a punishable offence under the Information Technology Act. The creation of child pornography is also punishable under the Act.

The act of collecting and storing cyber pornography is not an offence, but if the content involves minors, then it is punishable with imprisonment upto 5 years and fine upto 10 lakhs.

To conclude, Cyber pornography has not been legalized in India, however, its browsing has not been prohibited either [except in the case of child pornography].

I hope I was able to resolve your query.
Thanks
Shreyash Mohta

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Shreyash Mohta

Experience: 1 Year(s)

Responded 1 month ago

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A. Dear Sir,
It is not illegal unless you use it for commercial purposes or in public places or use the same through your official computer system.

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