Is Watching Porn Illegal In India?

It’s a modern world of digitalization, where accessing any online content, including pornography, is way much easier than ever before. However, watching pornography has always been a debate worldwide, especially in India.

There's so much confusion about the legality of watching pornography that people don't know whether it's legal or illegal to watch it. As there are some laws and regulations around pornography in India, then, watching privately can be offensive or not. Having so many questions, right? No worries.

In this article, we will understand is watching porn illegal in India, government policies, societal impact, and some relevant cases.

Legal Implications of Watching Porn

The High Court relied on a September 5, 2023, order by the Kerala High Court, which ruled that privately watching pornography without exhibiting it to others does not constitute an offence under Section 292 of the Indian Penal Code (IPC). However, publicly watching porn can be prosecuted under Section 292, which prohibits the sale, distribution, or public display of obscene material, leading to potential imprisonment, fines, or both. Additionally, Section 294 of the IPC penalizes obscene acts in public places, including watching pornography in a manner that offends others, with punishment extending to imprisonment of up to three months, a fine, or both.

Applicable Laws Related To Pornography In India

Let's explore the applicable laws related to pornography in India:

• Indian Penal Code (IPC), 1860

  • Sections 292 & 293: Illegal to sell, distribute, or circulate obscene material, including pornography.
  • Section 354D: Stalking or monitoring a woman's online activities without consent can lead to up to 3 years in prison.

• Information Technology (IT) Act, 2000

  • Section 66F: Sharing private photos without consent; punishment: up to 3 years in prison and a fine of ₹2 lakh+.
  • Sections 67 & 67A: Sharing sexual content; punishment: up to 5 years in prison and a fine of ₹10 lakh+.

• Protection of Children from Sexual Offenses (POCSO) Act, 2012

  • Section 14(1): Using children in pornographic content; punishment: up to 5 years in prison and a heavy fine.

People Also Read: Posco Act 2012

• Indecent Representation of Women (Prohibition) Act, 1986 (IRWA)

  • Prohibits indecent representation of women in any media or public representation.

Read More: Pornography In India

Regulatory Authorities Handling The Legality Of Pornography

The legality of pornography is handled by several government authorities, and each has its roles and responsibilities. Let's explore the main government authorities to handle the legality of pornography in India:

1. Ministry of Electronics and Information Technology

The Ministry of Electronics and Information Technology is responsible for overseeing and regulating online content, including pornography, in India. It issues orders to block illegal pornographic content websites and make sure not to be easily accessible to users in India.

2. Central Board of Film Certification (CBFC)

The CBFC comes under the Ministry of Information and Broadcasting. They are responsible for regulating the content of films and visual media in India. They certified films for public viewing and ensured that films must meet the legal standard of government policies. Also, CBFC has the authority to refuse films that violate the legalities of having obscene content. In order to control pornographic materials publically, CBFC has taken responsibility.

3. State Police Departments

The state police departments are also taking responsibility for enforcing laws against pornography within their respective states. They can take serious action against illegal activities, including pornography creation, distribution, or consumption. There's a dedicated cybercrime unit with police force alerts to deal with such crimes, such as watching porn is crime.

4. Internet Service Providers (ISPs)

Internet Service Providers (ISPs) play a role in providing Internet access to users in India. Also, they're following the government orders and issues such as blocking illegal porn websites to restrict users access to pornographic content and keep the internet protected from obscene content.

5. Central Bureau of Investigation (CBI)

The Central Bureau of Investigation (CBI) is an investigation agency that deals with cyber crimes like pornography and child exploitation. They collaborated with various global partners to track illegal websites and block content across nations.

Societal Impact And Debate Surrounding Pornography In India

Pornography in India is a subject of debate which has a big societal impact between traditional values and modern realities. Here are some common socially awakening observations in cases around pornography in India:

• The court emphasized that governments need to focus on spreading sex education. As the internet is easily accessible to pornography, youngsters can engage in inappropriate or misleading sexual behaviour. So, it's important to spread awareness about sex education for their betterment and avoid any misleading path.
• It's a modern world, and we need to stop letting cultures or traditions stop us from providing essential sex education to children. Many issues arise because we do not know enough about them.
• The court also criticized the Indian government for not making sex education mandatory in all schools. It's one of the biggest reasons for child sexual abuse. By gaining more information about their bodies and sexuality, they'll understand what sexual and non-sexual contact is and let them overcome feelings of shame and dread.
• The court also discussed making the punishments more extreme for those who commit sexual offences, especially against children. It will prevent future crimes by controlling sexual urges and knowing the consequences of taking any illegal action. Some countries like Poland, Russia, and many US states have implemented castration as the extreme punishment for offenders. However, implementing such extreme punishment required careful consideration in India.
• The government is pushing to ban porn websites to protect societal values. However, many believe that banning pornography is not an effective solution because it will drive underground without getting noticed by the government, and then regulation will become more challenging.

Relevant Case Laws: Key Judgments on the Legality of Watching Porn in India

Here are some relevant case laws around pornography in India:

1. Avnish Bajaj v. State (2008)

Avnish Bajaj is the CEO of the eCommerce portal Bazee.com. He found himself in trouble when a DVD that had obscene material was listed for sale on this platform. There's a complaint raised against Bajaj and charged under sections 292 and 293 of the IPCs for the distribution of obscene material. This case highlighted the legal responsibilities towards online content regulations, and the Supreme Court decided to emphasize the need to regulate content and avoid obscenity.

2. Kamlesh Vaswani v. Union of India & Ors (2016)

In the case of Kamlesh Vaswani v. Union of India & Ors (2016), Kamlesh filed a public interest litigation (PIL) asking the court to ban pornography content on the internet. In August 2014, the court agreed and instructed the government to ban porn websites and write a petition to the cover regulatory advisory committee, as they handle the issue under section 88 of the IT Act 2000. The Supreme Court women's lawyer also submitted an application to the Court on June 26, 2016. The court ordered the central government to direct the minister of communication and IT and human resource development to block porn websites in India.

3. Aveek Sarkar v. State of West Bengal (2014)

Aveek Sarkas, the editor of a magazine, faced a legal charge for publishing an obscene photograph that violated Indian law. The photograph was offensive to some and led to charges. The court addressed that medical content must be regulated with the guidelines and restricted by the laws to prevent future issues like this.

Conclusion

Overall, if you ask if watching porn is illegal in India, then yes, watching pornography privately is not illegal in India. However, there's a clear difference between personal freedom and social values. There are clear legal restrictions on the production and distribution of obscene content publicly, and they face major legal consequences. The government is actively working to control pornographic availability, but there's also importance in providing sex education among young people to prevent sexual offences. So, there's an ongoing debate around pornography in India and, in several cases, awareness of the government taking new actions and regulations in today's modern world.

FAQs

Q.1 Is porn banned in India?

Yes, as per Indian law - the production, sale, and distribution of pornographic content publicly is illegal. Also, the Indian government ordered the Ministry of Electronics and IT and DOT to ban 857+ porn websites.

Q.2 What browsing is illegal in India?

Child pornography is illegal to browse or download over the internet in India. Even searching for it can lead to jail and is punishable under section 67(B) of the IT Act 2000 and sections 14 & 15 of the POCSO Act 2012.

Q.3 Is watching porn in public illegal?

Yes, watching porn in public is illegal, and there are legal consequences an accused will face while watching porn in public.

Q.4 Is it legal to download pornographic content in India?

Downloading pornographic content for personal use is not explicitly illegal, but it could be problematic if the content is shared or distributed.

Q.5 What should I do if I'm facing legal issues related to pornography in India?

If you are facing legal issues related to pornography, it's advisable to consult a legal professional who specializes in cyber law to understand your rights and the legal remedies available.