Is Watching Porn a Crime in India? Here’s What You Need to Know
If you’re an Indian citizen wondering whether watching porn is a crime in India, the answer is not straightforward. While the Indian Constitution guarantees the right to life and personal liberty to its citizens, there are certain limitations to the liberty of watching porn that the Indian judiciary has laid down time and again. In this post, I will discuss Is watching Porn a Crime?
Watching porn in India privately is not illegal per se, but the sharing and distribution of such content/material is criminalized under the law. The Indian Penal Code and IT Act states that viewing sexually explicit material in private space is not illegal in India, but it is an issue if a person does so in public because then others can watch it too and that could be considered transmitting it.
In 2015, the Supreme Court of India criminalized the sharing and distribution of child pornography, and the possession of such material can lead to imprisonment and a fine. The court also remarked that an adult can be denied their fundamental right to personal liberty, i.e., to watch porn in the private zone of their room.
This article will delve deeper into the laws related to pornography in India and provide insights into the legalities of watching porn in the country.
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Is Watching Porn a Crime in India? Indian Laws
When it comes to the legality of watching porn in India, there are several laws that come into play. Here are some of the main ones you should be aware of:
Indian Penal Code
The Indian Penal Code (IPC) is a set of laws that govern criminal offences in India. According to the IPC, watching porn in private is not illegal. However, distributing or sharing pornographic content is considered a criminal offence under Section 292 of the IPC.
Distributing or sharing pornographic content is considered a criminal offence
IT Act (Information and Technology Act)
The Information and Technology Act (IT Act) was introduced in 2000 to regulate the use of electronic communication and data storage in India. Section 67 of the IT Act makes it illegal to publish or transmit obscene content online. This includes pornographic material.
Its Illegal to publish or transmit obscene content
POCSO Act
The Protection of Children from Sexual Offences (POCSO) Act was introduced in 2012 to protect children from sexual abuse and exploitation. Under the POCSO Act, it is illegal to produce, distribute, or possess child pornography.
Watching child pornography is also considered a criminal offence.
What is the IRWA?
The Indecent Representation of Women (Prohibition) Act, 1986 (IRWA) is a law that prohibits the indecent representation of women in advertisements, publications, and other forms of media. This includes pornographic content that portrays women in a derogatory or degrading manner.
So, it can be said that while watching porn in private is not illegal in India, distributing or sharing pornographic content, including child pornography, is considered a criminal offence. It is important to be aware of the laws surrounding pornography in India and to ensure that a person is not engaging in any illegal activities.
What is the Definition of Obscene Material?
The definition of obscene material is subjective and can vary from case to case. However, in general, any material that is lascivious or appeals to the prurient interest, and has the potential to arouse sexual desire, can be considered obscene. The Indian courts have also held that any material that is lewd, lustful, or indecent in nature can be classified as obscene.
Is Child Pornography Illegal in India?
Yes, child pornography is illegal in India under the POCSO Act. The possession, production, and transmission of child pornography are criminal offences and can attract severe punishment. The courts have also held that even possessing pornographic material depicting adults who look like children can be considered child pornography.
What is the Punishment for Watching Pornography in India?
As mentioned earlier, watching porn in the privacy of your own space is not a crime in India. However, if someone is caught possessing, producing, or distributing pornographic material, he/she can be convicted under Section 292 of the IPC. The punishment for such offences can range from a fine to imprisonment, depending on the severity of the offence.
Is it illegal to watch porn in Private?
As per the Indian judiciary, watching porn in India privately is not a crime. The Supreme Court has also stated that an adult can be denied their fundamental right to personal liberty, i.e., to watch porn in the private zone of their room. However, there are certain limitations to this right.
Although watching porn privately is not illegal, the use of pornographic media can be a criminal offence in certain regards, as provided under the law. For instance, the sharing and distribution of pornographic content are strictly prohibited and can lead to imprisonment and fines.
Moreover, it is worth noting that the possession of child pornography is a severe offence in India and can lead to imprisonment for up to five years, along with a hefty fine. Therefore, it is essential to be careful while accessing pornographic content and ensure that it does not involve any illegal or unethical practices.
How to Stay Safe While Watching Porn in India?
If you are planning to watch porn in India, it is essential to take some precautions to ensure your safety. Here are some tips to help you stay safe:
What are the Security Issues of Watching Porn in India?
Watching porn in India can pose several security risks, such as malware, phishing, identity theft, and hacking. The Department of Telecom has blocked several pornographic websites in India to prevent access to illegal content. However, many users bypass these restrictions by using VPNs.
Can You Use VPNs to Watch Porn Safely in India?
VPNs can help you access blocked websites and protect your online privacy while watching porn. However, not all VPNs are safe to use. Some VPNs may track your online activities or leak your IP address, compromising your anonymity.
How to Protect Yourself from Phishing and Identity Theft While Watching Porn in India?
Phishing attacks are prevalent in India, and cybercriminals often use pornographic content to lure victims into clicking on malicious links or downloading malware. Therefore, it is crucial to be cautious while browsing pornographic websites and avoid clicking on suspicious links or downloading files from untrusted sources. One should also use anti-virus software to protect your device from malware and keep your operating system and software up-to-date.
Case Laws
When it comes to the legality of watching porn in India, there have been several cases that have set precedents. Here are a few notable ones:
- In 2015, the Supreme Court of India ruled that viewing porn in a private room may fall under the Constitution’s Right to Personal Liberty. As a result, as long as a person watching porn movies in his own home, which is perfectly legal, no authority can take it away from you.
- However, in the same year, the Supreme Court also criminalized the sharing and distribution of sexually explicit content/material. This means that while watching porn in private space is not illegal, sharing or distributing such content is a punishable offence.
- In a privacy-related case in the Supreme Court, a lawyer representing the Maharashtra government hinted that watching porn inside homes was not a fundamental right that Indians could claim and that it might be illegal. However, this statement was not backed by any legal precedent.
It is important to note that while watching porn in private space is not illegal, the use of pornographic media can be a criminal offence in certain regards, as provided under the Indian Penal Code. Sections 292 and 293 make it illegal to sell, distribute and circulate obscene objects, while the 2013 amendment added section 354 D of the IPC, dealing with stalking.
Wwhile there have been some conflicting statements and rulings regarding the legality of watching porn in India, it is generally considered legal as long as it is done in private and not shared or distributed. However, it is important to be aware of the laws and regulations surrounding the use of pornographic media in India to avoid any legal repercussions.
Conclusion
In conclusion, watching porn in India is a complex topic with varying opinions and legal implications. While viewing porn in a private room may fall under the Constitution’s Right to Personal Liberty, it is important to note that child sex abuse is a crime by itself.
It is crucial to understand that sexual harassment and violence against women is a serious public health problem in India. Pornography has been linked to perpetuating harmful attitudes towards women and can contribute to a culture of sexual violence. However, it is also important to recognize that responsible consumption of pornography by consenting adults is not inherently harmful.
It is important to stay informed about the laws related to pornography in India and to understand the potential legal consequences of consuming or distributing pornographic content.
