Watching pornography on personal devices is not illegal (as per IPC and IT Acts) in India but sharing/distributing is, as per SC verdict in July 2015.
Actor Shilpa Shetty's husband, 45-year-old businessman Raj Kundra is making headlines for all the wrong reasons. Kundra was arrested by the Mumbai Police on July 19 in connection with an adult film racket. An FIR was registered against him on a complaint by a woman.
Raj Kundra has been booked under Indian Penal Code (IPC) sections 420 (cheating), 34 (common intention), 292, and 293 (related to obscene and indecent advertisements and displays), besides relevant sections of the IT Act and the Indecent Representation of Women (Prohibition) Act.
Kundra was arrested on Monday by the Mumbai Police for creating and publishing pornographic content on an app called 'Hotshots'. However, pornography is banned in India and as a result, producing such movies is also against the law. Let's take a closer look at the laws governing pornography in India.
Pornography laws in India
Watching pornography on personal devices is not illegal (as per IPC and IT Acts) in India but sharing/distributing it is, as per a Supreme Court verdict in July 2015.
In August 2015, the Centre instructed the Department of Telecommunications (DoT) to issue an order to internet service providers (ISPs) to block access to 857 pornographic or adult sites.
While Raj Kundra has been arrested under several sections of the Information Technology (IT) Act, Section 67 is the most crucial one.
Section 67A amendment relates to electronic transmission of material containing sexually explicit acts.
It seeks punishment for anyone who 'publishes or transmits or causes to be published or transmitted in the electronic form' any obscene material.
Section 67B is with respect to child pornography, which is governed under the Protection of Children from Sexual Offences (POCSO) Act and IT Act. The punishment is similar to 67A.
Section 292 says that 'something' can be deemed to be obscene if it is lewd or lustful or if it tends to degrade and corrupt another person.
The punishment for the first conviction could extend to two years in prison and a fine of up to Rs 2,000 and for the second conviction, it could extend to five years and a fine of up to Rs 5,000.
Section 293 says that whoever sells, distributes, exhibits, or circulates to any person under the age of 20 years (any such obscene object as is referred to in the last preceding section) shall be punished.
The punishment for the first conviction could extend to a three-year sentence and a fine of up to Rs 2,000 and for the second conviction, it could extend to a prison term of up to seven years and a fine of up to Rs 5,000.
Indecent Representation of Women (Prohibition) Act prohibits indecent representation of women.
It could be through advertisements or in publications, writings, paintings, figures or in any other manner and for matters connected therewith or incidental thereto.
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