Pornography and Indian Laws

What is Pornography and why is it important for us to know more about it?

Pornography is material that depicts nudity or sexual acts for sexual stimulation in the form of photographs, videos, written material, audio recordings, or animation, among other digital media formats. 

The easy & free availability of pornographic material in digital form via mobiles, hidden cameras, OTT, from servers hosted from outside the country and its rapid transmission across the internet and the absence of effective filters to screen out objectionable material including child pornography from being accessed are factors that compound the challenge.

Pornography has always been and will always be in the news, especially now with the recent arrest of a well-known businessman who is also connected with Bollywood, the topic is being discussed & debated in the press & digital media every day. 

We are also seeing a huge increase in cases of Revenge porn is where the compromised videos of an individual is distributed without that person’s consent which is also illegal.

Effects of Pornography

Research has given away that pornography & its messages are involved in determining attitudes & encouraging behavior that can hurt individual users & their families. Pornography is often viewed in secret, which creates dishonesty within marriage that can lead to divorce in some cases. 

In addition, pornography promotes the allure of prostitution, adultery, and unreal expectations.

What is the Legal Status of Pornography in India?

In India, provisions of the Information Technology (IT) Act 2000, the Indian Penal Code (IPC), and the Protection of Children from Sexual Offences (POCSO) Act 2012 mentions pornography. 

In India, all manufacturing, publishing, and distribution of pornography is illegal. Watching or having such content on a personal device, however, is not illegal.

On March 24, 2015, while quashing the much-abused Section 66A of the IT Act (Shreya Singhal Vs Union of India case) which allowed viewing of pornography in a private area as no offense under IPC and IT Act” The Supreme Court had also orally remarked back in July 2015 that it cannot stop an adult from exercising their fundamental right to personal liberty to watch porn within the privacy of their room. 

Is Publication or transmission of porn Illegal?

Before the advent of technology, Section 292 of the IPC exclusively dealt with the sale, distribution, public exhibition, or circulation of any obscene book, drawing, painting, etc. It says that any such material would be considered to be obscene “if it is lascivious or appeals to the pruri­ent interest or if its effects tend to deprave and corrupt a person” who reads, sees, or hears it. Anybody who does this can be punished with a three-year jail term along with Rs 5 lakh as a fine.

Now with pornographic material available in electronic form, the IT Act 2000 makes it illegal to publish or transmit obscene material or material containing sexually explicit acts in electronic form. 

Section 67A of the IT Act provides the punishment for publishing or transmitting material containing sexually explicit acts, etc., in electronic form. Anyone who “publishes or transmits or causes to be published or transmitted” any sexually explicit material can be punished with a jail term of five years along with Rs 10 lakh as a fine.

What role does consent play?

Section 66E of the IT Act provides the punishment for “violation of privacy”. It provides for a punishment of 3 years or a fine of a maximum of Rs 2 lakh, for anyone who “intentionally or knowingly captures, publishes or transmits the image of a private area of any person without his or her consent”, violating their privacy. 

Section 354A defines sexual harassment as “showing pornography against the will of a woman”. 

The Indecent Representation of Women (Prohibition) Act 1986 also prohibits “indecent representation of women through advertisements or in publications, writings, paintings, figures or in any other manner”.

What is Child Pornography and is the possession of child pornography Illegal?

When it comes to child pornography, it isn’t just publication or transmission, but also possession that is illegal under the law. 

Section 14 of the POCSO Act 2012 makes it a crime to “use a child or children for pornographic purposes”, prescribing a punishment of at least five years jail term with a fine. In case of a second or subsequent conviction, it provides for a minimum sentence of seven years along with a fine. 

Section 15 of the POCSO Act also makes it illegal to store or possess child pornography “for transmitting or propagating or displaying or distributing” it in any manner. The only exception to this is storing or possessing pornographic material for reporting it to the authorities or for using it as evidence in court. Section 15 also provides for enhanced punishment of three to five years imprisonment for anyone who stores or possesses child pornography for commercial purposes.

#BeAwareBeVigilant