Response

Watching Cyber pornography is not an offence in India. Mere act of downloading and viewing such on the internet content does not amount to an offence. However, if you are watching child pornography, then it amounts to an offence as per Section 67 B of the Information Technology Act, 2000.

As per this Section, any person who publishes or transmits or causes to do this in any electronic form which depicts children who are engaged in a sexually explicit act or conduct; or who creates text or digital images, collects, exchanges or distributes such material in any electronic form which depicts children in obscene or indecent or sexually explicit manner etc. is liable to be punished as per the law.

Sexting means an act of sending sexually explicit digital images, videos, text messages, or emails, usually through a cell phone with the consent of people. If the consent is there and there is no intention to offend the other person sexually, then no law can punish you.

However, if this act is done without the consent, then it is an act which is punishable under Section 67A of the Information Technology Act, 2000. As per this Section, any person who publishes or transmits or causes to do so in the electronic form any content which contains a sexually explicit act or conduct shall be punished for this offence on first conviction with imprisonment for a term which can extend upto five years and with fine which may be extended upto ten lakh rupees and in case of subsequent conviction with imprisonment for a term which can be extended upto seven years and also with fine which may extend to ten lakh rupees.

Reference: The Information Technology Act, 2000
Section 67A, 67 B – 202100468-20210007-1049

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LAWAYZ-2023-56