Nowadays, porns are widely available on the internet and it is very easy for the younger generation to access them quickly and without any hindrance. Cyber pornography is promoting pornographic content by using cyberspace. Many countries have completely banned cyber pornography while some have legalized it. For example, the UK laws allow pornographic content with adult consent but Indian laws are much stricter. Watching porn is not completely illegal in India but not legalised either.
Watching porn is illegal or not?
In India, it is not illegal to watch explicit material privately which is backed by a remark made by the Supreme Court in this regard that anyone cannot be stopped from exercising his fundamental right to personal liberty but transmitting publishing the same makes it an offence under section 67 of the Information Technology Act.
Regulated by-
- The Indian Penal Code
- Information Technology Act
- Indecent Representation Of Women (Prohibition) Act
Transmission or publication of porn.
Before the advent of technology and cyberspace, the Indian Penal Code exclusively dealt with the circulation of obscene material in the form of a book, drawing or painting under Section 292 by the means of sale, distribution or exhibition. After the widespread availability the pornographic material on the internet, the IT Act 2000 criminalised the act of publishing a transmitting obscene material in electronic form under section 67.
The consequences of the possession of child pornography.
Using the child of children for the purpose of creating pornographic content has been criminalised under section 14 of the POCSO act 2012. The punishment prescribed for possessing child pornography is at least 5 years of rigorous imprisonment under minimum imprisonment of seven years in case of a subsequent conviction.
Possessing child pornography has been criminalised under section 15 of the POCSO Act. The punishment prescribed under Section 15 is imprisonment of three to five years. Section 67B of the IT Act prohibit publishing or transmitting through electronic media any material which defects children in obscene or indecent acts.
Punishments for offences related to pornography-
(1) Section 67A of the Information Technology Act – publishing obscene material through electronic media makes a person liable for imprisonment of a term of 5 years and a fine up to rupees 10 lakhs.
(2) Section 67 of the Information Technology Act- publication or transmission of sexually explicit content are causing some sexually explicit content to be published or transmitted makes a person liable for punishment for a term extending up to 3 years and with a fine up to 5 lakhs.
(3) Section 292 of the Indian Penal Code –
- punishment for a term which may extend to 2 years with two thousand rupees fine. In case of subsequent conviction, imprisonment extending to a period of 5 years and also with a fine which may extend up to 5000 rupees.
- Sexual harassment which may include demanding sexual favours, showing pornographic content makes a person liable for a punishment of imprisonment which may extend to three years with a fine or with both and making obscene remarks makes a person liable for punishment which may extend to one year or with fine or both.
- Any person capturing or watching the private acts of a woman shall be punished with imprisonment extending up to 3 years and a fine. In the case of a second conviction, the person shall be liable to imprisonment of a period not less than 3 years and extending up to 7 years and with a fine.
Recently Shilpa Shetty husband, Raj Kundra has been arrested for creating pornographic content and various charges have been levied on him under the Indian Penal Code, the IT Act and the indecent representation of women prohibition act.
The charges which were levied on Raj Kundra –
(1) section 420 – cheating
(2) section 34 – common intention
(3) section 292 and 293 of the IT Act
(4) indecent representation of women prohibition act.
What are the charges levied on Shilpa Shetty and why?
Section 293- whoever sells, offers to hire, distributors circulates obscene objects to any minor or a person less than 20 years of age shall be liable for punishment.
Section 67- whoever publishes or transmits sexually explicit content causes search content to be published or transmitted through electronic media shall be liable for punishment.
The Indecent Representation of women prohibition Act 1986 probable a person from publishing or causing to be published for arranging or taking part in the exhibition, publication or advertisement of indecent representation of women.
