Based on the show Cause Notice if there is any penalty imposed you need to go and deposit the penalty with custom authorities so that you should not be charged for any criminal offence importing of sex toys or any prohibited material is punishable in IPC and any such Import of this material is prohibited
Import of sex toy for personal use
Sir, i have placed the order for a sex toy for personal use 2 items amounting to Rs.1256/-. the order was sent in two packaging and the customs confiscated it and sent two show cause notice few days apart each. The packaging was assessed at Rs.2000/- each. the two show cause notice commonly read like the sex toy attempted to be imported by you, the item under import through post parcel is prohibited in terms of CBEC notification No.01/1964-customs dated 18.01.1964 as per para 2.07 of FTP read with HBP vol.! of 2015-2020, protection of public morals, Section 11(2) (b) of the customs act 1962, they were liable for penal action under section 111 (d) of customs act 1962. asked reasons for not confiscating under section 111 (d) of customs act, 1962 and section 119. penalty not to by imposed on under section 112(a) (i) Sir, i was unaware of the prohibition of the import of sex toys. That being the case, i do not mind them being confiscated. will i be liable to pay penalty of a maximum of Rs.5000/- for two show cause notice received or i have to pay Rs.5000/- each for two show cause notice received by me summing to a total of Rs.10,000/- am i in any more risk other than the financial liability of 5,000/- or 10,000/- to be paid as penalty.
Asked 6 years ago in Civil Law
19 Answers
Since the import/sale of sex toys is banned in India as per IPC section 292 and is a prohibited item, the import of the same by you is in contravention of the law and hence it will be liable for absolute confiscation alongwith penalty. A show cause notice will be issued to you by the department wherein you may choose to appear for the personal hearing or waive the same after filing a reply. Since, you wish to disclose the same to the relevant authority before being served with a show cause notice, you may do the same by writing a letter to them. However, you may still have to pay the penalty once the goods get confiscated.
If you have order two items in one invoice order than you may convert or request them to count as single notice pay penalty of 5k and give under taking you will not perform such act in the future and place such type of order.
Send DD in the favour of custom or meet personally to custom officer.
You're not in more risk rather than penalty.
You will have to pay separate penalty for 2 items of sex toys imported by you and in respect of which separate SCN has been issued
2) you will not be prosecuted
Dear Sir,
‘Is it illegal to sell sex toys in India’? - The answer is YES
Since the import/sale of sex toys is banned in India as per IPC section 292 and is a prohibited item, the import of the same by you is in contravention of the law and hence it will be liable for absolute confiscation alongwith penalty. A show cause notice will be issued to you by the department wherein you may choose to appear for the personal hearing or waive the same after filing a reply. Since, you wish to disclose the same to the relevant authority before being served with a show cause notice, you may do the same by writing a letter to them. However, you may still have to pay the penalty once the goods get confiscated.
Hello,
You should pay the fine immediately. However they cannot take you into custody neither they can imprison you.
Regards
ipc section 292 is about offering and attempting sale, hire, distribution, public exhibition, advertisement so forth what is its relevance to importing for personal use and me being unaware of the prohibition towards the same. i am willing for the items to be confiscated by the customs and am prepared to pay penalty.
Asked 6 years ago
You have imported sex toy which fall under prohibited items for import and are liable for confiscation and imposition of penalty
You better give undertaking in writing and confiscate the items and pay the penalty.
You are insisting about your ignorance, which cannot be an excuse as the law is clear here. Ignorantia juris non excusat, ignorantia facet doth excusat, ie., Ignorance of law is not an excuse, while ignorance of fact can be an excuse .
You can find this in detail in section 76 and 79 of the IPC itself .
Regards
Send a letter stating your ignorance of the law on this and request to withdraw the penalties imposed with an undertaking that you shall abide by the law henceforth.
This is at the discretion of the authorities. Otherwise you shall be liable to pay the fine.
You can try this only.
Nothing will happen, this is every day thing with customs. Just reply to notice that ordered product was for personal use, you was unaware of such restrictions and as it came to your notice, you cancelled the delivery but till than product was dispatched. Apology and request for amnesty.
Max. 5k will impose as penalty.
Since the import of such items are prohibited, this act can be considered as an illegal act and punishable under the provisions of sections of law referred by them in their notice.
Since you have received notice,m you may give a reply suitably expressing your apologies for importing the articles mentioned in the notice and may inform that you are not aware of the prevailing law.
You may accept the confiscation of the item and request them to dispense with your personal appearance before them for inquiry owing to your personal commitments.
You may give a reply notice by yourself or through an advocate also.
You dont break your head on irrelevant things, you may concentrate on what you are supposed to do at this juncture.
You may issue a reply notice stating that you are ready to pay even the penalty imposed on this besides agreeing for confiscation of the imported item.
If you are still in confusion then you may consult an advocate for moving on.
See separate penalty for both the orders can be there , though for same they will not file for any criminal action you will be penalised for same only.
See just show cause is issued no prosecution is filed don't worry there shall be only penalty for same.
Dear Sir,
Adult toys doesn’t get cleared from customs in India. As adult toys are banned in India so importing of adult toys is also banned here. If you order any such toy from abroad and hope to get it delivered at your door step you might have to rethink about the idea. Sometimes surely you get the delivery because of various reasons - the custom didn’t check properly/ different category mentioned in the package/ it didn’t appear to be a sex toy in the scanner. But in case if your product get stuck in the custom and they discover that it’s an adult toy they will send you a notice instead to give proper clarification for ordering such thing.But I don’t know if anything happens if you don’t reply to the notice.r Sir,
You have to pay penalty for two notice separately if both are packed in two different packages.
You can defend yourself by saying that both products are of single order. And they are being purchased for personal use.
You can confess and tell them that you are ready pay the penalty.
You have to pay penalty for two notice separately if both are packed in two different packages.
You can defend yourself by saying that both products are of single order. And they are being purchased for personal use.
You can confess and tell them that you are ready pay the penalty.
Yes it will be a last step you can pay the fine and finish the same
