In india veiwing adults only sites is an offence. Is it right?

Question

In india veiwing adults only sites is an offence. Is it right?

Answer 1

viewing such sites in the privacy of your home is not illegal at all. but u should not do it in public places like cyber cafes. there is nothing illegal in viewing these sites.

Answer 2

From the link mentioned on the rediff site,

You've heard about it. You've talked about it. But have you ever seen it? If you have been on the Internet for a while, it's unlikely that you have missed its ubiquitous presence.

Cyber pornography has exploded onto the Internet, creating an impact that was previously unimagined.

Simply put, cyber pornography is the dissemination of pornographic material using the Internet as medium. This could be in the form of pictures, text, audio, and more recently video and virtual images.

The profusion of pornography and sexually related material, most of it non-educational in nature, on the Internet seems contradictory to India's stringent laws and more so, orthodox social norms.

Just about anyone from the age of two to 102 can view pornography online. Pornographic sites generally have disclaimers that state, "This Web site is to be viewed only by adults above the age of 18." There is however, nothing to verify the age of the visitor.

Cyberspace and the pornographic matter transmitted through it have created challenges for India's antiquated laws. The lack of jurisdictional boundaries and the sheer volume of traffic that the Internet can handle, as well as the potential for anonymity have resulted in a complete lack of control over what appears on the Web at the click of a mouse button.

Cyber pornography comes under the Information Technology Act, passed in 2000. Section 67 of this act states: "Whoever publishes or transmits or causes to be published in the electronic form, any material which is lascivious or appeals to the prurient interests or if its effect is such as to tend to deprave and corrupt persons who are likely… to read, see or hear the matter contained or embodied in it, shall be punished on first conviction with imprisonment … which may extend to five years and with fine which may extend to one lakh rupees…"

Mohit Kapoor, a Mumbai-based corporate lawyer, says: "If the offence is repeated, they will be imprisoned for up to 10 years and/or fined Rs two lakh."

More so, Section 75 of the Information Technology Act states that anyone, regardless of their nationality can be prosecuted under the Act, if they do anything punishable under Indian law that involves a computer, computer system or computer network located in India.

However in practice, the law is viewed as flawed and incomplete. "It's meant as a foundation stone and its main purpose is for digital signatures," says Xerxes Antia, an associate with the Chambers of Zia Mody. "Even the definition of pornography is vague, under which anything can be perceived as pornographic."

According to Antia, the words used in the Information Technology Act are arbitrary and not clear. "Interpretation of words like 'deprave' and 'corrupt' can be based purely on the court. The Act is very open-ended," he says.

So open-ended, that it was used to arrest a class XI student of Air Force Bal Bharti School, Delhi, for posting a few paragraphs of 'dirty' writing on the Internet last year. The site had listed the sexual preferences of female classmates and teachers. His lawyer, Pawan Duggal, was quoted as saying that Section 67 of the Information Technology Act, under which the student had been arrested, was derived from the antiquated Indian Penal Code (IPC) of 1860.

Sections 292 and 293 of the IPC reinforce Section 67 of the Information Technology Act, imposing three years imprisonment and two thousand rupees fine on first conviction, and upto seven years imprisonment and five thousand rupees fine for the second conviction, in case of distribution, exhibition or circulation of obscene objects to persons below 20.

Antia feels the Act could have a future in influencing Indian cyber legislation, if treated carefully. "Although the Act has been notified, not all the rules have come into effect," he says. "But the government has started coming out with rules for the entire act, and if they continue it's a good sign. But if they stop, then we're in trouble because it's very open in its nature and can be subject to a variety of interpretations."

So what does all this legal jargon mean to you, the end user?

Indian law in this area continues to be vague and imprecise. However, it is important to remember certain basic facts:

If you are a minor, below the age of 18, and you get caught viewing a pornographic site, you can be prosecuted. "Technology has made it possible for authorities to track down individual users who view these sites in the privacy of their homes. But in practice, this is still a grey area and authorities have not been successful in prosecuting offenders," says Kapoor.

According to this Wired report, "viewing pornography in the privacy of one's home doesn't come under the purview of the law, but to do so in a cafe, which is legally defined as 'public space,' is illegal". Earlier this year, the article goes on, the Mumbai High Court instituted a six-member committee, with the aim of protecting children from "unsuitable Internet material".

If the committee had their way, visitors to cyber cafes in Maharashtra would be forced to show identity cards, while café owners would have to keep track of all the sites visited by each customer, to 'prevent easy access of pornography to minors and help police trace those who e-mail inappropriate material to minors from cafes'.

Existing laws also imply that if you operate a Web site from one state, say Himachal Pradesh, and someone gets caught viewing your site in another place, like Mumbai, you can be prosecuted under the Maharashtra state law for transmitting pornography on the Internet.

And, if you own a cyber café at which a client is accessing Internet p**n, you are responsible for transmitting and broadcasting pornographic material on the Internet, and could be punished under Section 67 of the Information Technology Act.

Join India's fight against online pornography for more on cyber laws, tools to combat p**n, information on reporting crimes, and tips for parents.

Answer 3

yes it is ..coz they think that it increase sexual frustation in mind n it can cause more rape cases ....

Answer 4

Its not an offence to watch x*x sites from india. its a free country, but its is not as explicit as in the west

Answer 5

Its limited to Home-viewing only.

Answer 6

No, viewing p**n websites isn't illegal in India as long as you do it in the privacy of your own home. Viewing p**n sites in public spaces such as cyber cafes is a criminal offence.  Even possession of pornography in any form isn't illegal, though its production and transmission by any means are criminal offences. Of course, viewing or possessing child pornography is a crime.

Answer 7

what do you mean?