Is exchange of illicitly pictures or sexting among adults legal?


Sexting involves one person taking sexually explicit photographs and sharing them with another person via a digital device. Sexting between consenting adults is legal, however, until recently, sexting between people under the age of 18 years was illegal, even if both parties were consenting.

To begin with, there is no law against it and neither is there enough precedent.

When you come to think about sexting, the first thing that pops in mind is two people sexting with consent. If such sexual content is sent to another person without consent, it would explicitively come under definition of sexual harassment.

Consent is the crucial element in deciding cases pertaining question of sexual abuse or harassment. In cases of sexual harassment, intention is not required to be proved as the mere act of harrasing is sufficient for conviction. Sexting is done when two people are consenting to send sexually explicit photographs or messages. If there is consent and no intention to offend the other sexually, no law can punish you. Therefore, sexting with consent would proffer no punishment.

Sexting without consent would in fact not mean sexting. As per Indian Penal Code, 1860, Section 354A lays down that showing pornography would mean sexual harrasement.

As you have done sexting with your consent then you do not have to worry about anything.

Reference: Section 354A Indian Penal Code



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