Response

With reference to the issue stated above by you, i would like to draw to your attention that Currently, no laws specifically ban the import or sale of sex toys but its display and exhibition may violate Indian laws on grounds of obscenity.

Section 292 of Indian Penal Code (IPC), 1860 deems sale, advertisement, distribution, public exhibition of obscene books, paper, drawing, painting or any other “obscene” object, illegal. Obscenity is a criminal offence under Indian law punishable with imprisonment and fine.

For any object to be considered obscene, it must be “lascivious or appeals to prurient interests” and have a tendency to “corrupt or deprave”.

In 2011, in Calcutta HC, obscenity charges were sought to be applied to sex toys: court held “emphatically” that such charges weren’t “legally sustainable”. Court added that just because such toys aroused sexual desires, they couldn’t be labelled “obscene”. selling of sex toys manually through street vendors is prohibited and punishable whereas, selling of sex toys online is not banned and punishable as long as the retailer is keeping in mind the marketing strategy and the rules and regulations laid down by the government i.e., ÔObscenityÕ of any kind or manner should be prohibited whether it is in graphical form or physical representation.

Laws regarding the online selling of sex-toys in India are speculative.

India is a developing country, both economically and socially and is rapidly pursuing the western culture and its following.

Hence, online selling of sex toys is not banned in India.

Following are the laws applicable in your case:-

Section 292 Indian Penal Code

Reference:

20210001202100071536

LAWAYZ-2023-859