Pornography in India. While watching or perusing pornographic materials in private is not illegal, distribution of such materials - including on the internet - is illegal in India. Likewise, the publication or production of `obscene' materials is illegal.
The law relating to pornography or `obscenity' is laid down in Sec.292 of the Indian Penal Code which came about by Act 36 of 1969:
"Sale, etc., of obscene books, etc.-[(1)] For the purposes of sub-section (2) book, pamphlet, paper, writing, drawing, painting, representation, figure or any other object, shall be deemed to be obscene, if it is lascivious or appeals to the prurient interest or if its effect, or (where it comprises two or more distinct items) the effects of any one of its items, is, if taken as a whole, 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.]
[(2) Whoever- sells , lets to hire ,distributes, publicly exhibits or in any manner puts into circulation or for purposes of sale, hire, distribution public exhibition of circulation, makes produces, or has in
(a) Possession any obscene book, pamphlet, paper, drawing painting, representation or figure or any other obscene objects whatsoever, or
(b) Imports, exports or conveys any obscene objects for any of the purposes, aforesaid, on knowing or having reason to believe that such objects will be sold let to hire, distributed or publicly exhibited or in any manner put into circulation or
(c) takes part in or receives profit from any business in the course of which he knows or has reasons to believe that such an object are for any of the purposes aforesaid, made produced, purchased , kept, imported, exported, convey, publicly excited, or in any manner put into circulation, or
(d) advertises or makes known by any means whatsoever that any person is engaged or is ready to engage in any act which is an offense under this section, or that any such obscene object can be procured from or through any person, or
(e) Offers or attempts to do any act which is an offense under this section, shall be punished [on first conviction with imprisonment of either description for a term which may extend to two years, and with fine which may extend to two thousand rupees, and, in the event of a second or subsequent conviction, with imprisonment of either description for a term which may extend to five years, and also with fine which may extend to five thousand rupees.]"
As per the Act, accessing pornography in private is not illegal. Pornographic films in India are referred to as Blue Films and are available virtually anywhere; especially in areas where pirated material is already being sold.
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Softcore porn industry exists in India. These movies are produced in Hindi, Bengali, Malayalam, Punjabi, Telugu languages. Such films normally have similar storyline and include a lengthy bathroom scene by the lead actress followed, at times by full nude scenes.
Top soft porn actresses include Abhilasha, Pratibha, Shakeela, Maria and Reshma. Other famous stars are Devika, Sindhu, Kumtaz. There are many nude models like Sandy Adams, Amita Shah, Katy Mirza & Shabana De who have appeared in adult magazines like Debonair (magazine) and videos.
Hardcore pornography is banned in India. However, some hardcore Indian porn is available illegally in Indian markets. Porn stars like Neha Dupan, Divya Gupte are illegally available in Indian markets via escorts agency and their official websites. Porn stars likeSunny Leone, Priya Rai are international Hardcore porn stars from India
Many legal/illegal websites like Savita Bhabhi published by DeshmukhSavita Bhabhi is a manga-like erotic cartoon strip about the adventures of a bored housewife neglected by her husband.
A Desi Fantasy website solicited and gave access to user-written pornographic narratives but as of January 2010 it seemed to have disappeared into ether, leaving behind a compendium in a blog hosted outside India. [1] These narratives are in a mixture of English and romanized Hindi/Urdu. They are notable for situations inside traditional extended families that might be considered incestuous as well as for situations documenting the sex lives of Indian yuppies whose lifestyles seem to resemble their western counterparts.
The Information Technology Act, Chapter XI Paragraph 67, the Government of India clearly considers online pornography as a punishable offense. The Indian Penal Code, 1860 section 293 also specifies, in clear terms, the law against sale of obscene objects to minors.
"67. Publishing of information which is obscene in electronic form. - Whoever publishes or transmits or causes to be published in the electronic form, any material which is lascivious or appeal 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 description for a term which may extend to five years and with fine which may extend to one lakh rupees and in the event of a second or subsequent conviction with imprisonment of either description for a term which may extend to ten years and also with fine which may extend to two lakh rupees."
- Chapter XI
In Tamil Nadu, Dr. Prakash was arrested in December 2001 on charges of taking obscene photos of his female patients through hidden cameras and uploading them with the help of his US-based brother.[1]