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He was remanded to police custody Wednesday, till 23 July. ThePrint explains. In India, viewing sexually explicit material in private spaces is not illegal. The Supreme Court had also orally remarked back in July that it cannot stop an adult from exercising his fundamental right to personal liberty to watch porn within the privacy of his room.

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Constitutionally, any restriction on the exercise of free speech is required to strictly conform to any of the eight grounds contained in Article 19 2 of the Constitution. The order was issued against the backdrop of a petition filed by an Indore-based lawyer calling for a ban on pornographic websites. However, a few days later, the government clarified that the ban was only temporary, and porn it aimed specifically at child pornography. Also read: Coronavirus porn is becoming famous and revealing human stupidity once again.

Before the advent of technology, Section of the IPC exclusively dealt with sale, distribution, public exhibition or circulation of any obscene book, drawing, painting, etc. Section of the IPC makes it illegal to sell, distribute, exhibit or circular obscene objects to anyone under the age of 20 years, and Section makes it a crime to do any obscene act or sing obscene songs in any public place.

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However, with pornographic material largely available in electronic form, the IT Act makes it illegal to publish or transmit obscene material or material containing sexually explicit acts in electronic form. Anybody who does this can be punished with a three-year jail term along with Rs 5 lakh as fine. Section 67A of the IT Act provides the punishment for publishing or transmitting material containing sexually explicit acts, etc.

Also read: Watching pornography rewires the brain to a more child-like state.

The law has also begun to recognise consent in this regard. Several amendments made to the IPC in also highlighted the importance of consent.

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Also read: Desi sex and porn for women — how Indians stuck at home are indulging their secret desires. In case of a second or subsequent conviction, it provides for a minimum sentence of seven years along with fine. 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 an enhanced punishment of three to five years imprisonment for anyone who stores or possesses child pornography for commercial purposes.

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Additionally, Section 67B of the IT Act makes it punishable for anyone to publish or transmit material depicting children in sexually explicit acts in electronic form. Also read: Fan of Mia Khalifa? Then you should support her right to withdraw consent from porn. India needs free, fair, non-hyphenated and questioning journalism even more as it faces multiple crises. But the news media is in a crisis of its own.

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There have been brutal layoffs and pay-cuts. The best of journalism is shrinking, yielding to crude prime-time spectacle. ThePrint has the finest young reporters, columnists and editors working for it. Sustaining journalism of this quality needs smart and thinking people like you to pay for it.

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Whether you live in India or overseas, you can do it here. Support Our Journalism. Thursday, 22 July, in. Forgot your password? Get help.

Watching, publishing, sharing pornography: what is a crime in india and what isn’t

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Home Judiciary Watching, publishing, sharing pornography: What is a crime in India and what Representational image. Photo: Flickr. Raj Kundra remanded to police custody till 23 July in porn films case.

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