What Is Illegal To Watch On The Internet In India ?

What Is Illegal To Watch On The Internet In India ?

You obviously shouldn’t be looking for any illegal items as your searches are not private, Google collects and stores this information just like your web service provider does and when asked to do so they will comply.

We live in a time when access to the Internet has been declared a fundamental right. Over the past couple of years, India has been one of the countries that have experienced one of the highest rates of internet outages in the country, citing national security concerns.

At the same time, in addition to the abuse of the Internet on these grounds, many other restrictions on the regulation of the Internet space come into play.

Is Watching Porn A Crime In India ?

in India, viewing pornographic content in private rooms or premises is not illegal.

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Article 21 of the Constitution of India gives the right to life and personal liberty to the citizens of India. The Supreme Court of India orally observed in 2015 that watching porn in a private room may fall under the right to personal liberty given by the Constitution.

Therefore, it cannot be seized by any authority except in the manner prescribed by law.

So as long as you watch porn movies in your private space, it’s completely legal.

However, viewing or possessing pornographic content depicting child pornography or rape or violence against women is an offense even if viewed in a private space.

None of the fundamental rights in India is absolute in nature. Each right has reasonable limits. “Morals and decency” is the basis on which the exercise of a fundamental human right can be restricted.

On the same basis, the government banned pornographic content in India in 2015, unsuccessfully, and again in 2018.

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So the question is again: if porn is illegal in India, how is it legal to watch it privately?

The answer to the above is in two parts.

First, the burden of implementing the porn ban lies with the ISPs.

So if an adult citizen finds a way to access porn sites using tools like VPS, then the service provider is to blame, not the adult citizen.

Secondly, as indicated by the government, the main reason for the prohibition of pornography in India was to put an end to child pornography and pornography depicting violence against women.

So, if you don’t watch child pornography or pornography that shows violence against women, then you are safe.

It should be noted that if a person privately views a porn video and then shares or saves it, then it is an offense under Indian law.

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Conclusion

Taking this into account, we may find that viewing any content on the Internet is not generally a crime in India, unless it is of a serious nature such as child pornography, which is even supported by international treaties such as the Optional Protocol on the sale of children, child prostitution and child pornography.

It was quite liberal in this aspect and was more vigilant in blocking website hosts rather than restricting users. In addition, measures are taken to limit the transfer of unauthorized or sexually inappropriate files.

This is where a loophole comes in – using a virtual private network (VPN) to bypass the restriction. While the mere use of a VPN is legal, using it to carry out illegal activities may be illegal.

In addition, it is not clear whether access to a site blocked by the government via VPN is illegal or not. It needs further development in the coming age.


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