Developing and distribution of adult pornographic content is illegal in India and is a punishable offence under the Indian penal code.
From many articles, I did learn the sex stories in textual format are considered pornography. Would like to understand the law for the Audio format.
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Developing and distribution of adult pornographic content is illegal in India and is a punishable offence under the Indian penal code.
As per Indian law any sexual related products or video or audio are not permitted to release.
But you can open online site from different hosting countries where it has been permitted. Like how others sex stories sites are running.
- As per Section 67 of the Information Technology Act, the publishing or transmitting of obscene material (described as "any material which is lascivious or appeals to the prurient interest or if its effect is such as to tend to deprave and corrupt persons")is offence.
- The punishment on first conviction is imprisonment upto three years and with fine of five lakh rupees, and subsequent convictions to be punished with imprisonment upto five years and fine which may extend to ten lakh rupees.
- However, viewing sexually explicit material in private spaces is not illegal.
- As per the Supreme Court , it cannot stop an adult from exercising his fundamental right to personal liberty to watch porn within the privacy of his room.
As per IT Act:
Section 67 - Punishment for publishing or transmitting obscene material in electronic form
This section deals with the publishing or transmitting of obscene material (described as "any material which is lascivious or appeals to the prurient interest or if its effect is such as to tend to deprave and corrupt persons").
Section 67A - Punishment for publishing or transmitting of material containing sexually explicit act, etc., in electronic form
The section punishes publishing or transmitting of material which contains sexually explicit act or conduct.
Section 67B - Punishment for publishing or transmitting of material depicting children in sexually explicit act, etc., in electronic form
The above provisions of law are applicable to prohibit the publication of audio adult stories that you intend to go ahead.
Dear Client,
While the law does not separately talk about pornographic content in an audio format, Section 67 of the Information Technology Act, 2000 prescribes punishment for publishing or transmitting of obscene material in electronic form.
Since the audio format would be in an electronic form as well, it will most likely be considered illegal.
Thank you.