• Is purchasing sex toy online punishable?

Sir, 
I have ordered a sex toy online from aliexpress. Recently I heard that importing sex toy is illegal. I can not cancel the order and it has already reached to customs. What should I do at present? Further, is scrapping of section 377 can help me in this situation.
Thank you
Asked 7 years ago in Civil Law

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14 Answers

No it not punishable. It is not illegal now. U can let it come.

Amol Chitravanshi
Advocate, Delhi
279 Answers
1 Consultation

See the custom department will confiscate the toy and shall levy penalty of equal to value of toy. You need to pay the penalty and get over with it.

No scrapping 377 IPC is no way helpful.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Dear Client,

Sec 377 still persists except consensual anal sex between same gender. Importing sex toy is illegal and under restricted category of  customs acts. If at clearance verification, it was found, show cause notice will issue by custom dept. Just reply to it,  it was not in your knowledge and recommend return.

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

According to Indian Customs Act 1972, Sex toys and Nude Pornographic material showing human private parts are banned for both import and export.

If you tried to import or buy stuff from online like websites abroad of aliexpress and etc.Customs will seize the items and send notice to you asking for valid reason why you tried to import when a ban is enforce and ask you to pay a hefty fine sometimes.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

1) you woukd be issued show cause notice as to why sexy toy should not be confiscated and why penalty should not be imposed upon you 

 

2) you should reply to show cause notice and take plea that you have no objections to sex toy being confiscated 

 

3) nominal penalty would be imposed upon you 

Ajay Sethi
Advocate, Mumbai
99779 Answers
8145 Consultations

Laws in India are unclear about the sale of sex toys.In most cases, the concern is related to the ways these products are sold, showing suggestive pictures and graphic descriptions. According to Indian laws, whoever sells, allows to hire, distributes, publicly exhibits, makes, or has in his possession any obscene book, pamphlet, paper, drawing, painting, or figure or any other obscene object whatsoever, or advertises, or makes known by any means whatsoever that any such obscene object can be procured from or through any person, is punishable with imprisonment and fine.

377 IPC is different,  377 scrapped by Supreme court and your matter is different and no need to worry, customs will not allow you to bring the product just they seized the product only. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

1. The is a regular matter and a frequently assked question.

 

2. If the illegally imported toy has been detected by the Customs Authority, they will send you a notice callimng upon you to appear before them.

 

3. In the above incidence, you shall have to send a letter informing that you have not ordered for the said toy.

 

4. The said article will be confiscated by the Customs authority and the matter will be closed.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

There is no direct law which bans the same. you can take delivery.sometimes customs intercept it and sends you notice in case of imports.But no legal consequences are there.

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

You will receive a notice from the customs department and the receipt of the notice you have to visit the custom department and pay the fine which is normally 5000 rupees and request them to destroy the material please do not run when you receive the notice don't be panic you just say that I was not aware of the consequences that this material is private it to be purchased

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

Ordering sex toys from websites abroad is illegal and once the shipment reaches the customs, show cause notice would be issued to you.

 

You should give a reply to the show cause notice and intimate them that you were not aware of the law at the time of ordering and the said goods may be confiscated and no fine to be imposed on you.

 

Scrapping of section 377 cannot be of any help here.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

377 has nothing to do with sex toys.

And sex toys are illegal in india as well as importing it is an offence.

Now you can only defend yourself infront of customs but only after they contact you. Till then wait.

Abhilasha Wanmali
Advocate, Nagpur
1021 Answers
1 Consultation

Section377 IPC has nothing to do with the online purchase of sex toy.

The online purchase of sex toy comes under prohibition and anyone found to have violated this rule shall be liable to be prosecuted by the customs department.

You will first receive a legal  notice cum show cause notice to show cause that why action cannot be taken against you under the referred provisions of law thereon.

You can deal with it either by yourself or through a lawyer then.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

Dear Sir,

It is punishable but you need to pay only fine as follows: nothing to worry. Scrapping of Section 377 of IPC is nothing to do with above punishment.

PENALTIES UNDER CUSTOMS ACT, 1962

The Customs Act, 1962 (‘Act’ for short) provides for penalties.  Chapter XIV of the Act provides for imposition of penalties.  The following sections dealt with imposition of penalties-


  • Section 112 – Penalty for improper importation of goods etc.,

  • Section 114 – Penalty for attempt to export goods improperly etc.,

  • Section 114A – Penalty for short levy or non levy of duty in certain cases;

 

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

Sec.377 is of no help, you should first contact Ali Express definitely they will help you.

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

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