File Copyright Online - File mutual Divorce in Delhi - Online Legal Advice - Lawyers in India

Cyber Pornography And Its Related Provision In India

Crime is not new to the world it is as old as the human society with the passage of time. The society has changed and so has the effect of crime with the emergence of development in the new era of technology which came to be known as cyber-crime. Internet has given a different dimension to the real world that the life around us has become very simple. Everything is possible in the blink of eye. But it excites the crime which gives more challenges to the growth of internet.

Any criminal activity which takes place by the medium of internet is come under the purview of cybercrime. Internet has made surfing and uploading so simple that one can send and receive any type of video or clips from India while sitting in any country. As all pros consist cons, one can also become insolvent by clicking on a link. Pornography is the most prevailed crime in the modern society. People must aware about their rights and legal provisions related to cyber pornography.

Cyber Pornography:

The term "Cyber pornography" means , anything or a content of a book , magazine , internet , films etc describes or showcase the sexual things in manner to attract human excitement. A pornography may be better understand in a simple manner that , a man and women are doing act like an playboy or playgirl to attract peoples and especially adults sexual emotions with the help of internet , thats why it is named as "cyber pornography".

According to survey there are millions of website which is containing online sexual content for demonstration and to attract general public to indulge in it. The online pornography is becoming business also to earn money by selling nude videos and pictures. Even now a days a film starts also started to click there naked base pictures and videos and print media as well as social media upload it to engage more people of our society.

Effects of Cyber Pornography

  1. The peoples faces hormonal imbalance when they are caught with porn addiction.
  2. The person addicted towards porn content may result in change its own behavior and attitude towards others.
  3. Sometimes it may lead to distraction towards studies when students are engage in this and they also get an problem of remembering anything.
  4. Porn content may lead to high addiction once any person get engage over it.
  5. Many types of internal and external diseases take place for long time.
  6. It may also lead to prostitution as well as adultery.
  7. Addiction to pornography or previous experience may lead deception in marriages.

Indian Legal Framework
According to Information Technology Act, 2000 , the provision for cyber or child pornography is to restrict the production of pornographic content on any website and social media, but the contradiction is that it allow us to download the pornographic content if it is not a child pornography.

According to section 67 of Information Technology Act, 2000 it states that there must be an punishment for transmitting and publishing the obscene material in electronic or in any virtual form. It clearly mentioned that , whoever make publishing or transmit any pornographic material on internet , he or she may be liable for imprisonment upto three years and a fine upto five lakhs rupees. The term publication means anything which we are uploading on internet either its social media or any website where other party can access to that content.

According to Section 67A of the act , Those whoever indulged in the activity of transmitting and publishing any sexual material in any form, punished with- [First time conviction:- Jail extend to five years & Fine upto ten lakh Rs.] [Second time conviction:- Jail extend to seven years & Fine extent to 10 lakh Rs.] Illustration :- Annie and Arav were engaged in the sexual intercourse in there private hotel room. Where the owner of hotel i.e Amar puts the cctv camera hidden in the rooms of hotel. Afterwards he saves the recording in his device. So therefore he is liable for either description. There is some exceptions for this section is when the person store information with bona fide intention and used for the purpose of science, literature, art, learning, etc.

Section 67B:
Child pornography The person who is below the age of 18 years is called child and those who transmits or publishes any sexual content in virtual mean which results in engaging children in following way - 1. Children engaged in sexually explicit act or any conduct 2. Obscene or indecent Materials related to child 3. Induces children to do relationship with other children 4. Abusing children online 5. Abuse the child with sexual activity via online Punishment- [ First time - Jail upto three years & Fine : ten lakh Rs.] [ Second time - Jail upto seven years & Fine: upto ten lakh Rs.]

Some provisions under Indian Penal Code, 1860 : According to section 292, the obscenity means an disgusting act which is not acceptable by the society. The newspaper , book , pamphlet which contains the obscene material and in the nature of expressing the open sexual desire, those who distribute , sale , hire shall be for conviction of two year imprisonment and also with fine , with respect to this section if accused again committed the same offence second time then he shall be liable for five years and fine.

According to section 293, sale the obscene material or hire or distribute those material which expressing the interest in sexual matters below the age of 20 years. [ First time conviction : three years jail and 2000 rs fine]. [Second time conviction: seven years jail and 5000 rs fine].

Some provisions in POCSO Act, 2012 was enacted to prevent the children who is below 18 years of age from sexual offence covered under the act. This act protects the children from any sexual assaults , harassment with child and child pornography. The aim is to save the child from various offences related to sexuality and pornography. According to section 13 of the act it defines the offence in which the one child indulged in the sexual activity with other child and the person who uses this activity in the electronic media is liable for punishment.

According to section 14 it defines the punishment for children pornography and their related content.

According to section 15 , when the person stores any pornography of child in any form is used to give punishment of three years or fine or both.

In the present era the internet has increased the pornographic content. There are many legal provisions related to child pornography which prohibits and restrict to publish on any media , If anyone is seeing normal pornographic content he is not liable for child pornography until and unless the content include any child. Minor children are accessing the pornographic content due to usage of internet world wide . The main role is of parents to prevent thier childrens from using internet and also view the surfing activities what things they are are watching and exploring in virtual world.

Law Article in India

Ask A Lawyers

You May Like

Legal Question & Answers

Lawyers in India - Search By City

Copyright Filing
Online Copyright Registration


How To File For Mutual Divorce In Delhi


How To File For Mutual Divorce In Delhi Mutual Consent Divorce is the Simplest Way to Obtain a D...

Increased Age For Girls Marriage


It is hoped that the Prohibition of Child Marriage (Amendment) Bill, 2021, which intends to inc...

Facade of Social Media


One may very easily get absorbed in the lives of others as one scrolls through a Facebook news ...

Section 482 CrPc - Quashing Of FIR: Guid...


The Inherent power under Section 482 in The Code Of Criminal Procedure, 1973 (37th Chapter of t...

The Uniform Civil Code (UCC) in India: A...


The Uniform Civil Code (UCC) is a concept that proposes the unification of personal laws across...

Role Of Artificial Intelligence In Legal...


Artificial intelligence (AI) is revolutionizing various sectors of the economy, and the legal i...

Lawyers Registration
Lawyers Membership - Get Clients Online

File caveat In Supreme Court Instantly