The Supreme Court has rejected a plea backing a connection between watching internet porn and sex crimes, including child abuse. A Bench of Chief Justice of India U.U. Lalit and S. Ravindra Bhat stated that child sex abuse is a crime by itself.
“Seeking a judicial declaration from the Supreme Court that porn on the Internet has led to child sex crimes would be equal to giving a go-ahead to online surveillance,” the court said.
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A Bench of Chief Justice of India U.U. Lalit and S. Ravindra Bhat stated that child sex abuse is a crime by itself. “Seeking a judicial declaration from the Supreme Court that porn on the Internet has led to child sex crimes would be equal to giving a go-ahead to online surveillance,” the court said.
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Watching porn in private space is not illegal
According to the IPC and IT Acts, viewing sexually explicitly in private space is not illegal in India but the Supreme court (verdict) criminalised the sharing and distribution of such content/material in 2015.
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In August 2015, the union government directed the Department of Telecommunications (DoT) to issue an order to internet service providers (ISPs) to block access to 857 pornographic or adult sites. However, it was later stated that the ban is temporary.
Provisions under the Information and Technology Act, 2000
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Section 67A amendment deals with the electronic transmission of material containing sexually explicit acts. Anyone who “publishes or transmits or causes to be published or transmitted in the electronic form” any obscene material can be punished with a jail term of 5 years along with a fine of Rs 10 lakh.
Section 67B of the act deals with child pornography.
Indian Penal Code (IPC)
Section 292 of the Indian Penal Code (IPC) states that ‘something’ can be considered to be obscene if it is lewd or lustful or if it tends to degrade and corrupt another person.
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If a person is proven guilty for the first time, he/she can be jailed for up to 2 years and a fine of up to Rs 2,000, while it could extend to 5 years and a fine of up to Rs 5,000 for the second time.
Section 293 of IPC says that whoever sells, distributes, exhibits, or circulates such content to any person under 20 years shall be punished. In this case punishment for the first conviction is 3 years (extend) and a fine of Rs 2000 and it could extend up to 7 years imprisonment and a fine of up to Rs 5,000 for the second conviction.
Indecent Representation of Women (Prohibition) Act, 1986
Indecent Representation of Women (Prohibition) Act, 1986 prohibits indecent representation of women through “advertisements or in publications, writings, paintings, figures or in any other manner and for matters connected therewith or incidental thereto.”
POCSO Act 2012
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Any publication or transmission and possession carrying child pornography is illegal under the law.
Section 14 of the POCSO Act 2012 criminalises “use a child or children for pornographic purposes,” and the punishment includes at least five years jail term with fine. In case of a second conviction, it punishment can be extended to seven years along with fine.
Section 15 of the Act also prohibits storing or possessing child pornography, “for transmitting or propagating or displaying or distributing” it in any manner. The punishment includes 3 to 5 years of jail for storing or possessing child pornography for commercial purposes.
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