Is sexting a crime in India ?

Answer By law4u team

Yes, sexting can be considered a crime in India under certain circumstances. The legality of sexting depends on the content, context, and the age of the individuals involved. Child Pornography: If sexting involves explicit sexual content or explicit images of a person who is below the age of 18, it is considered child pornography and is a punishable offense under the Protection of Children from Sexual Offenses (POCSO) Act and the Information Technology Act. Obscenity: Sexting that involves explicit sexual content between consenting adults may be considered obscene and can be a criminal offense under Section 292 of the Indian Penal Code (IPC). However, the interpretation of obscenity can vary, and factors such as the intention, social acceptance, and community standards may come into play. It is important to note that laws can evolve and change over time, and their interpretation can vary. It is advisable to consult with a legal professional or advocate who can provide the most accurate and up-to-date information on the specific legal provisions and their application in your jurisdiction.

Answer By Gopal

yes, sexting is a crime in India. for more information in cyber crime you can contact with us. I will tell you in detail.

Answer By Anik

Dear client, Sexting, the act of sending, receiving, or sharing the sexual content online through messages, images or videos on the electronic devices, these acts fall under the grey of Indian law. While consensual sexting between the two adults is not amount to a crime in India, but subject to certain conditions that it can become a crime under circumstances, especially when it comes to the case of minors, non consensual sharing, or harassment. Key legal provisions related to sexting in India. Protection of children from sexual offences (POCSO) Act, 2012 • Section 13 and 14: creating, storing or distributing child pornography videos in the electronic devices which includes explicit images of Minors) is a serious offense. • Section 15: Even passing such content even if it is not shared on the electronic device. Those acts are punishable under these provisions. • Penalty is imprisonment from 5 to 7 years, with fines. Information technology (IT) Act, 2000 (Amended in 2008) • Section 67: publishing or transmitting obscene content electronically is punishable with imprisonment up to years and a fine of Rs. 5 lakhs for the first time offender. The repeat offenders carry harsher penalties. • Section 67A: publishing or transmitting sexually explicit content (beyond just being obscene) ad it carries a punishment of imprisonment for a period up to 5 years and fine of Rs. 10 lakhs. • Section 66E: capturing and sharing private images without consent (violating privacy) is punishable with imprisonment up to 3 years in jail and a fine of Rs. 2 lakhs. Indian penal code, 1860 • Section 354C (VOYEURISM): taking or circulating intimate images without consent can lead to imprisonment for the period up to 4 years. • Section 354D (STALKING): persistently sending obscene messages is punished with imprisonment for a term up to 3 years for the first time offenders. • Section 509: using words or gestures to insult a women modesty can result is punished with imprisonment up to 3 years. When sexting becomes a crime in India: • If a minor is involved: sharing explicit content involving minors, even if consensual is considered child pornography and is a criminal offense under the POCSO Act. • If shared without consent: Any unauthorized sharing of private images or messages can attract criminal’s charges under Indian penal code and Information technology Act. • If it amounts to harassment: Repeated unwanted messages, threats, or coercion can lead to charges of cyberstalking or sexual harassment. I hope this answer helps, in case of future queries please feel free to contact us. Thank you