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Pornography in India

  • 5 min read
  • 4 chapters

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Through Information Technology Act, 2000, Supreme Court of India and Liberty

Increased digital consumption has prompted legal and cultural debates, resulting in public interest litigations and government censorship. This includes blocking explicit websites and regulating OTT platforms. Sociological research indicates that the availability of explicit material influences public attitudes, sex education, and the sex work industry.

Statutory laws

The legal framework governing pornography in India differentiates between the distribution of explicit content and its private consumption. On 1 July 2024, the Bharatiya Nyaya Sanhita, 2023 (BNS) replaced the colonial-era Indian Penal Code (IPC), updating the statutory provisions governing obscenity:

  • Distribution and Sale: Selling, distributing, and publicly exhibiting pornographic material is a criminal offence under Section 294 of the BNS (which superseded Section 292 of the IPC). The law categorizes materials as obscene if they are lascivious or appeal to prurient interests, carrying penalties of imprisonment and fines. Manufacturing, publishing, and distributing pornography are strictly prohibited under this provision.
  • Protection of Minors: The distribution, sale, or circulation of obscene materials to anyone under the age of 20 is illegal under Section 295 of the BNS. Furthermore, child pornography is strictly prohibited under Section 67B of the Information Technology Act, 2000.
  • Digital Media: Hosting, displaying, uploading, modifying, publishing, transmitting, storing, updating, or sharing pornography digitally is illegal under Sections 67 and 67A of the Information Technology Act.

Judicial rulings

In the landmark 1995 case Khoday Distilleries Ltd. and Ors. v. State of Karnataka and Ors., the Supreme Court of India established that there is no fundamental right to exhibit or publish pornographic or obscene films and literature.

Despite prohibitions on distribution, the Supreme Court clarified in July 2015 that it cannot restrict an adult from viewing sexually explicit material in private, citing Article 21 (the right to personal liberty) of the Constitution of India. The court refused a request to proactively block all pornographic websites, maintaining that private, in-home viewing by adults does not constitute a crime.

The judiciary has, however, acted against the non-consensual distribution of sexual content:

  • In 2015, following a suo moto public interest litigation submitted by the NGO Prajwala regarding the circulation of rape videos on WhatsApp, the Supreme Court ordered a Central Bureau of Investigation (CBI) probe to identify and arrest the perpetrators.
  • In 2016, responding to the 2013 PIL Kamlesh Vaswani vs. Union of India, the Supreme Court directed the government to explore strict measures to protect minors from explicit materials, emphasizing that freedom of expression cannot supersede child safety.

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