Well, the first thing is that the question you are asking isn’t very specific. Like, what do you mean by “is porn legal in India”? Are you asking about it in the sense of watching porn in India? Or do you want to know whether it is okay to produce and distribute this type of content in the country? The answer depends upon which specific question you are asking. But still, if we were to give you a collective answer for that, it would be: Yes, watching porn on your device in a private setting is legal in India, but if you are thinking of producing, selling, or distributing such content in the country, well, that’s absolutely illegal and in such cases, strict legal actions can be taken against you.
Are There Any Laws Regarding Pornography in India?
While the porn distribution and consumption laws in India may not be as stringent as in certain developed countries, the law nonetheless governs the use of pornography almost in a rigid one-size-fits-all manner, you know? For example, as in Section 292 of the Indian Penal Code (IPC), selling, distributing, displaying, or otherwise publicly showing obscene materials, including pornography, is for sure illegal. This law serves as a way for the government to control the accessibility of obscene content that is likely to disturb the morality of society overall. In addition, it is a fundamental principle of Indian law that the Information Technology (IT) Act, of 2000, deals with the punishment associated with child pornography particularly seriously under Section 67B.
Without a doubt, this is a serious offense that involves the production, distribution, and even possession of child pornography, thus it emphasizes how crucial it is for a government to protect minors from any exploitation. And on top of all that, these days there are many OTT platforms, and we must say that the government of India is doing a pretty good job at monitoring and restricting the OTT platforms that have kinda explicit content.
What Does The Supreme Court Of India Say About This?
And just so you know, in the past, the courts of India have looked at the issue of pornography in the context of lots of cases. For example, the Supreme Court made a historic ruling in 2015 that people can view pornography in private places without breaking the law. This decision is based on the fundamental right of privacy which is protected through Article 21 of the Indian Constitution which guarantees that the state does not have a say, in the case of the users, in the expression of personal views or opinions, etc. unless there is a dis-application of the rights of other parties.
The other court, the Kerala High Court for example also took the side of a person whom they caught watching porn on his phone in a private place saying that just because a person is using it for private consumption it does not mean that they are abusing the law, except for the case when it is done publicly. So yes, if you are watching porn in a public setting, strict legal action can be taken against you if you are caught red-handed, you know?
