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Is it illegal to watch porn in India .

Is it illegal to watch porn in India

Is it illegal to watch porn in India?

Is a very controversial question and it is very difficult to find the answer to the question that whether Is it illegal to watch porn in India or not? let us see the answer to the question that whether Is it illegal to watch porn in India or not in detail.

  • Since the arrest of actress Shilpa Shetty’s husband Raj Kundra for making and transmitting pornographic videos, one question which is being asked everywhere is whether watching pornographic content is illegal in India.
  • In Indian law, these acts mainly cover the subject of pornography.
  1. information Technology (IT) Act, 2000.
  2.  India Penal Code (IPC) ,
  3.  Protection of children from sexual offenses (POCSO) Act, 2012.
Is it illegal to watch porn in India

                                                                          Is it illegal to watch porn in India

Watching porn privately is not Illegal:

In India, it is not illegal to watch pornographic content in your private room or space.

Article 21 of the Indian Constitution gives the right to life and personal liberty to Indian citizens. The Supreme Court of  India in the year 2015 orally remarked in a case watching porn in a private room may fall under the right to personal liberty given under the Constitution. Therefore it cannot be taken away by any authority, except by procedure established by Law.

  • So as long as you are watching porn films in your private spaces it is completely legal. However, watching or storing pornographic content which depicts child pornography or rape, or violence against men is an offense even if it is being watched in a private space.

Porn Ban in India.

  • None of the Fundamental rights in India is absolute.
  • Every right comes with reasonable restrictions. Morality and decency are grounds under which the exercise of the fundamental right of a person can be restricted.
  • on the same ground, the government banned pornographic content in India in 2015 which was successful, and again in the year 2018.
  • So, the question again arose that if porn is banned in India then how watching it privately is legal?

  • The answers to the above are in two folds.

  • Firstly the onus of implementing the porn ban is on the internet service provider. So if an adult citizen finds a way to access a porn website by using like VPS then it is the service provider who is at fault and not the adult citizen.

  • Secondly, the main reason as specified by the government behind Nanning porn in India was to put an end to child pornography and pornography which depicted violence against women.

  • So if you are not watching child pornography or porn which shows violence against women then you are in a safe spot.

  • It is to be noted that if a person privately watches a porn video and thereafter shares it or stores it, then it’s an offense under Indian Laws.

Your Computer had been blocked-aware of Fraud.

  • Recently, many people have reported that while accessing Adult content websites, sometimes a message appears on the screen from ” Ministry of Law and Justice ” lawming.gov.in saying:

  • “Your browser has been locked due to viewing and dissemination of materials forbidden by the law of India, namely pornography with pedophilia, rape, and Zoophilia.

  • to unlock you should pay a 29000 INR fine with Visa or Mastercard your browser will be unlocked automatically after the fine payment.

  • Attention! In case of non-payment of the dine, or your attempts to unlock the device independently, case materials will be transferred against you due to committing a crime.

  • You have 6 hours to pay the fine .”

Be Aware of such frauds:

  • Neither the Government of India nor any police department in India has any authority or technology to block the PC/Laptop.
  • It is also to be noted that in the above message Rs 29000 is being demanded as a fine, which strengthens the fact that it’s a fraud message. No law in India bars India from watching porn in private space or prescribes a punishment that too of Rs 29000 for this act.

  • Further, even the smallest of crimes are required to be proved in a court of law, and only then punishment can be imposed, whereas here without any trial and opportunity of hearing, punishment has been imposed.

  • So it is advisable to be aware of these kinds of cyber frauds and not pay any amount either under fear or threat of such kinds of messages.

India’s Strict stance against child Pornography:

  • The 2018 porn ban was triggered by the brutal incident of four boys that gang-raped a 16-years-o;d girl after luring her to a storeroom on the false pretext of preparation for an independence Day celebration at their school.

  • During the interrogation, one of the boys revealed to the police that the idea of rape came to him after watching porn on his phone.

  • Based on this incident, the Uttarakhand High Court appealed to the government that unlimited access to pornographic sites should be curbed to avoid adverse influence on the minds of children. Laws against pornography in India. The laws against pornography in India have been framed with three main aims:

1. To curb the adverse effect of porn on young minds.

2. To curb child pornography.

3. To curb sexual violence against women in the country.

Thank you.

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