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Is Pornography A Crime In India

As the internet usages and our technologies have improved there are more crimes that are happening through cyber space. And one the most common one is pornography. Pornography is generally not a crime but it has few limitations which will be discussed further. There is no definition for the word pornography in law but there are many definitions stating the meaning. In simpler words, pornography means explicit depiction of sexual subject matter. It can be through books, magazines, films etc.

According to the law, when a pornography is watched in one’s personal space it is not a crime. Because one's fundamental right to personal liberty shall not be questioned. Although publishing or transmitting obscene material/ sexually explicit act in electronic form is punishable under section 67 of Information technology act, 2000.

So, watching porn in public has a high possibility of committing an offence. There is a higher risk of transmitting the pornographic material when watched in public.

According to section 293 of the Indian penal code, it is illegal to sell, hire to sell, distribute or circulate to person under the age of twenty.

If any person attempts or offers to the person under the age of twenty shall be punished with imprisonment of 3 years and with fine of Rs. 2000 in case of first conviction. In the case of second subsequent conviction the person shall be imprisoned for seven years with a fine of Rs.5000.

Section 67B of the information technology act 2000 states that any published or transmitted material in any electronic form which depicts children enraged in sexually explicit act or conduct is a crime. Watching, downloading, transmitting any kind of pornography material that involves a minor is a crime.

When a person is caught in the records of any electronic form of explicating any sexual act involving a child shall be punished on first conviction with imprisonment of five years and fine of Rs.10,00,000.

In the event of second or subsequent conviction of the offence will be punished with imprisonment of upto seven years with fine which may extend to upto Rs.10,00,000.

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