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Is Sexting A Crime? Know Indian Sexting Laws Is Sexting A Crime? Know Indian Sexting Laws

Bronze medal Reporter Adv John Posted 5 Dec 2018 Post Comment Visitors: 480 Read More News and Blogs
Is Sexting A Crime? Know Indian Sexting Laws

Sexting is the way of sending partially naked and sexually explicit pictures of yourself through mobile phones or web. The process of sending such images is illegal in India. It is considered a very serious crime according to the laws of India and it will lead to the court proceeding.

The main consequence of sexting is that such images will be permanently uploaded onto the web and can be used for blackmail. The other issue is that while you send photos to your friend there will be no guarantee that will the images be sent to other unknown peoples. The risk will be much higher in such situations. So by concluding we can say that do not encourage sexting and be very cautious about the laws of sexting.

We are living in an IT era where in just a single click all the information will be reached to our fingertips. Taking pictures of someone without consent when they're on private premises is totally illegal and against morality. There is a whole public morality law in the question “What to do if someone publishes your nude pictures without your consent.?”.

There are certain laws which prohibit publication, distribution, transmission or production of such pictures.  Here are some of sections and laws which will help you to fight against cyber obscene.

66A. Punishment for sending offensive messages through communication service, etc.

Any person who sends, by means of a computer resource or a communication device,—

(a) any information that is grossly offensive or has menacing character; or

(b) any information which he knows to be false, but for the purpose of causing annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred or ill will, persistently by making use of such computer resource or a communication device; or

(c) any electronic mail or electronic mail message for the purpose of causing annoyance or inconvenience or to deceive or to mislead the addressee or recipient about the origin of such messages,

shall be punishable with imprisonment for a term which may extend to three years and with fine.

Explanation.— For the purposes of this section, terms “electronic mail” and “electronic mail message” means a message or information created or transmitted or received on a computer, computer system, computer resource or communication device including attachments in text, images, audio, video and any other electronic record, which may be transmitted with the message.

Section 67 of Information Technology Act 2000

Punishment for publishing or transmitting obscene material in electronic form. -Whoever publishes or transmits or causes to be published or transmitted in the electronic form, any material which is lascivious or appeals to the prurient interest or if its effect is such as to tend to deprave and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it, shall be punished on first conviction with imprisonment of either des c r i p tion for a term which may extend to three years and with fine which may extend to five lakh rupees and in the event of second or subsequent conviction with imprisonment of either des c r i p tion for a term which may extend to five years and also with fine which may extend to ten lakh rupees.



Section 67A of The Information Technology Act, 2000

Punishment for publishing or transmitting of material containing sexually explicit act, etc., in electronic form. -Whoever publishes or transmits or causes to be published or transmitted in the electronic form any material which contains sexually explicit act or conduct shall be punished on first conviction with imprisonment of either des c r i p tion for a term which may extend to five years and with fine which may extend to ten lakh rupees and in the event of second or subsequent conviction with imprisonment of either des c r i p tion for a term which may extend to seven years and also with fine which may extend to ten lakh rupees.

Section 67B of The Information Technology Act, 2000

Punishment for publishing or transmitting of material depicting children in sexually explicit act, etc. in electronic form.-

Whoever,-

(a) publishes or transmits or causes to be published or transmitted material in any electronic form which depicts children engaged in a sexually explicit act or conduct or

(b) creates text or digital images, collects, seeks, browsers, downloads, advertises, promotes, exchanges or distributes material in any electronic form depicting children in obscene or indecent or sexually explicit manner or

(c) cultivates, entices or induces children to online relationship with one or more children for and on sexually explicit act or in a manner that may offend a reasonable adult on the computer resource or

(d) facilitates abusing children online or

(e) records in any electronic form own abuse or that of others pertaining to sexually explicit act with children, shall be punished on first conviction with imprisonment of either des c r i p tion for a term which may extend to five years and with a fine which may extend to ten lakh rupees and in the event of second or subsequent conviction with imprisonment of either des c r i p tion for a term which may extend to seven years and also with fine which may extend to ten lakh rupees.

Section 500 in The Indian Penal Code defines Punishment for defamation that is “Whoever defames another shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both”.

For more info, kindly refer to lawyers in India.


Click on the image to read more about IS SEXTING IN THE WORKPLACE CONSIDERED SEXUAL HARASSMENT?

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