‘Udta Punjab’, ‘Nerkonda Parvati’, ‘Paanch’ are some of the movies which leaked online before its formal release in theatres. This is all subject to an exception for bona fide use like for sex education or for religious purposes. Also transmitting or publishing pornographic material in a different country where it is legal, India can take no action against them but can block the access to websites in the country. Children shall be anybody under the age of 18 for the purpose of the act.įurther, there is no difference even if pornographic material is textual, image, or video. Hence, it makes it more very difficult to avail of a source and hence making it equal to being illegal. While watching child porn may not seem an offense, but collecting or browsing such porn is a punishable offense with imprisonment up to 5 years and fine which may extend to 10 lakh rupees. But forcing another to view porn or transmitting porn even by a simple WhatsApp message can be illegal. What is legal and what is not?įrom this, we can conclude that watching porn is not illegal in India looking at it plainly. It not only says that the transmission and publication of porn depicting children as punishable but also goes on to make creating even texts, collecting, downloading, or even browsing on child pornographic material in any electronic form shall be punishable.
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Section 67B of the IT Act makes a stronger point. In section 67 of the said act, publishing or transmission of obscene material in electronic form is considered to be an offense and 67 A mentions the punishments regarding this. The major act governing pornography is the IT Act 2000, which was amended once in 2008.