Doubt About Legality in India

ScaryFairy

Member
Jun 6, 2021
131
115
I'm very new to this community. So if I'm making any mistake, forgive me. That being said, I'm quite confused about making a visual novel. As in India it is safe to watch adult content in a private space but selling or distributing any kind of adult visuals is illegal. But I found some games which are made by Indian developers. So if I want to make one of my own is it safe to post the game and earn from Patreon or similar platforms? Thanks in advance for clearing my doubt.
 
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Jofur

Member
May 22, 2018
251
269
I think only fellow Indians or lawyers could properly answer so I probably shouldn't even chime in, and if you want to be 100% sure you need to contact an Indian lawyer, but as far as I'm aware under the just sharing porn/obscene material electronically is illegal. So by putting your game out there are you are committing a crime.

However it's fair to assume if you aren't making money of it(and aren't actively advertising it in India or as an Indian product) nobody would ever care. I mean I've seen plenty of Indian amateur porn around after all.
If in doubt, don't monetize it. Everything you make on platforms like Patreon has to be taxed, and if the government or law ever get curious there will be a clear and easy to follow paper trail in how you made that money. And if you want to try and avoid that paper trail you are just adding tax-evasion onto the list of crimes to get caught for.

But again, I'm not from India so I don't know how much the laws are actually enforced outside of major players.
 

ScaryFairy

Member
Jun 6, 2021
131
115
Hmm....that does complicate things for me. I think I would ask someone who knows law a bit as I don't want to do anything that isn't approved by the government of my country. Anyway thanks for your advice.
 

troll007

New Member
May 29, 2018
10
4
Hmm....that does complicate things for me. I think I would ask someone who knows law a bit as I don't want to do anything that isn't approved by the government of my country. Anyway thanks for your advice.
Well Sherlyn chopra and a lot of indian girls are on onlyfans,a lot of other indian models are on pateron,and ao far they haven't been caught ,and even poonam pandey who got a case registered against her was for shooting a nude video in public.idk im no expert
 

ScaryFairy

Member
Jun 6, 2021
131
115
Well Sherlyn chopra and a lot of indian girls are on onlyfans,a lot of other indian models are on pateron,and ao far they haven't been caught ,and even poonam pandey who got a case registered against her was for shooting a nude video in public.idk im no expert
Yeah, I think in the end it's just me being paranoid as it'll be my first project. And after browsing the web some more I think there isn't any problem. It's not like I'm posting some hardcore pornography on some public pages. So I will resume the development after my exam. Also do you know any Indian developer who's project is still alive. I remember the last I saw a project called Experiencing Life but it was probably paused or abandoned.
 

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Diabeticpussyslayer
Game Developer
Apr 29, 2021
55
337
Yep, it's legal, don't worry about it. I have studied Indian law, even practiced it for a while read Section 67 for more details. Good luck on your project.
 

ScaryFairy

Member
Jun 6, 2021
131
115
Yep, it's legal, don't worry about it. I have studied Indian law, even practiced it for a while read Section 67 for more details. Good luck on your project.
Thanks a lot for sharing the info. I was still kinda paranoid for not getting any relevant answers. Yeah, I know I worry a lot about trivial matters but believe me somehow I always get in troubles for that. Anyway you just made my day and goodluck to your project too.
 

S.A.M studios

Active Member
Jan 3, 2020
649
327
Thanks a lot for sharing the info. I was still kinda paranoid for not getting any relevant answers. Yeah, I know I worry a lot about trivial matters but believe me somehow I always get in troubles for that. Anyway you just made my day and goodluck to your project too.
Even i am afraid too cause i am also working on a project and i don't want to brake any law
 

Diconica

Well-Known Member
Apr 25, 2020
1,092
1,138
I'm very new to this community. So if I'm making any mistake, forgive me. That being said, I'm quite confused about making a visual novel. As in India it is safe to watch adult content in a private space but selling or distributing any kind of adult visuals is illegal. But I found some games which are made by Indian developers. So if I want to make one of my own is it safe to post the game and earn from Patreon or similar platforms? Thanks in advance for clearing my doubt.
This was asked and answered here
https://f95zone.to/threads/is-it-le...vns-on-patreon-from-india.96174/#post-6704344

Short answer:
It's illegal
India also has no statute of limitation on time they choose to enforce this. Meaning if the authorities find out 20 years from now you did this they can still prosecute you for it. In short you will always have it hanging over your head legally.

Can they catch these people money from it. Sure can.
Have they chosen to do so. The enforcement is sporadic at present. Why that is who knows.
 

ScaryFairy

Member
Jun 6, 2021
131
115
Even i am afraid too cause i am also working on a project and i don't want to brake any law
It's really frustrating. I am halfway done with my script and now these. We don't have any loopholes while lot of people are doing it without any worries. Even there are lots of games made by Indian developers in this community and many of those have Patreon or other subscription platform account(I have nothing against them). Now I'm again having second thoughts about it. Lmk when you're certain about doing your project or not.
 

S.A.M studios

Active Member
Jan 3, 2020
649
327
It's really frustrating. I am halfway done with my script and now these. We don't have any loopholes while lot of people are doing it without any worries. Even there are lots of games made by Indian developers in this community and many of those have Patreon or other subscription platform account(I have nothing against them). Now I'm again having second thoughts about it. Lmk when you're certain about doing your project or not.
My project is almost ready but i also don't have any idea for indian law so i am afraid to pulished a demo of my game on patreon by the way if know any indian creator who makes the porn game and published on patreon give me his patreon page so i will directly contact him and get suggestions from him how he manipulating the law of india cause it's my 2 years of hard work on a 3d game
 
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Diconica

Well-Known Member
Apr 25, 2020
1,092
1,138
My project is almost ready but i also don't have any idea for indian law so i am afraid to pulished a demo of my game on patreon by the way if know any indian creator who makes the porn game and published on patreon give me his patreon page so i will directly contact him and get suggestions from him how he manipulating the law of india cause it's my 2 years of hard work on a 3d game
You could talk to an attorney in India about this.
Set up a corporation in another country that is in a country that has no issues with porn. Set it up as a software company and use it to publish the game. Then receive your money through the corporation. It will probably require hiring an attorney in the other country to do the work for you.

It wouldn't protect you when it comes to authorities searching your computer if you are located in India. It could however reduce the chance of them tying it directly back to you as the producer. If you are being paid by the corporation as a programmer.

The problem with all this is it takes money to do.
 

ScaryFairy

Member
Jun 6, 2021
131
115
My project is almost ready but i also don't have any idea for indian law so i am afraid to pulished a demo of my game on patreon by the way if know any indian creator who makes the porn game and published on patreon give me his patreon page so i will directly contact him and get suggestions from him how he manipulating the law of india cause it's my 2 years of hard work on a 3d game
Not sure if he is still doing the project or not but it is not abandoned yet. Here is the link . To be honest I don't think he is aware of the law. Anyway if you have any new info please knock me. Hopefully we will get something satisfactory otherwise there are no choice except to make VN without adult content(That is something very few people like to watch).
 

jestertlw

Member
Nov 23, 2019
499
1,067
If you aren't consulting an attorney who understands the law(s) regarding your situation, you are risking legal consequences of up to 1 million rupees fine and 7 years in prison for each offense with a guilty verdict. Not total - each one. If you have 20 sexual acts in your game, you can be charged with 20 offenses.

Are they investigating everyone? No. But a local politician needing to prove their 'law and order' credentials is all it takes for round-ups in any given town.

Do you want to take the chance at being one of the unlucky if you haven't followed competent legal advice?
 

S.A.M studios

Active Member
Jan 3, 2020
649
327
Not sure if he is still doing the project or not but it is not abandoned yet. Here is the link . To be honest I don't think he is aware of the law. Anyway if you have any new info please knock me. Hopefully we will get something satisfactory otherwise there are no choice except to make VN without adult content(That is something very few people like to watch).
Actually i massaged him yesterday and waiting for his reply, also i am came to this point i will post my game here and link it to my patreon and tell people to support me on patreon and don't post anything about the game on patreon thats the way I figured out, i am also searching for the other solution
 
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S.A.M studios

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Jan 3, 2020
649
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If you aren't consulting an attorney who understands the law(s) regarding your situation, you are risking legal consequences of up to 1 million rupees fine and 7 years in prison for each offense with a guilty verdict. Not total - each one. If you have 20 sexual acts in your game, you can be charged with 20 offenses.

Are they investigating everyone? No. But a local politician needing to prove their 'law and order' credentials is all it takes for round-ups in any given town.

Do you want to take the chance at being one of the unlucky if you haven't followed competent legal advice?
Yeah thats why i am afraid
 

ScaryFairy

Member
Jun 6, 2021
131
115
Actually i massaged him tomorrow and waiting for his reply, also i am came to this point i will post my game here and link it to my patreon and tell people to support me on patreon and don't post anything about the game on patreon thats the way I figured out, i am also searching for the other solution
Well if a lot of people are doing that I will also do the same. Although I still have a good amount of work to do and I was thinking of to make patch or extra content which will add adult scenes to the game and it will only be shared here while Patreon version will be SFW. This way if something came up all I have to do is to delete my extra content for the game(hopefully:D). Anyway good luck on your project friend and if you find a better solution or answer kindly share it here.:)
 
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S.A.M studios

Active Member
Jan 3, 2020
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Well if a lot of people are doing that I will also do the same. Although I still have a good amount of work to do and I was thinking of to make patch or extra content which will add adult scenes to the game and it will only be shared here while Patreon version will be SFW. This way if something came up all I have to do is to delete my extra content for the game(hopefully:D). Anyway good luck on your project friend and if you find a better solution or answer kindly share it here.:)
I also thaught about that for publishing game as sfw and patch for nsfw here and good luck your project too.
 

S.A.M studios

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Jan 3, 2020
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Also i don't find any laws related to nsfw games in india and no one is arrested yet for making and publishing nsfw games thats why it's so confusing also they don't crealy mention what is obscene material is considered in ITA 2000 also government not take any action on it until someone make a complaint about it their are many flaws in ITA 2000 we need to concern with the lawyer about this.
 

ScaryFairy

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Jun 6, 2021
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Also i don't find any laws related to nsfw games in india and no one is arrested yet for making and publishing nsfw games thats why it's so confusing also they don't crealy mention what is obscene material is considered in ITA 2000 also government not take any action on it until someone make a complaint about it their are many flaws in ITA 2000 we need to concern with the lawyer about this.
As far as I know no one needs to complaint about it. If you're earning a bit much then the authority will be interested in you and that's the main problem. I've also read the Sec 67 of ITA Act,2000 multiple times but like you I also didn't fully understand it. Sadly I don't have any close friends or relatives who are lawyers or along that profession. A few days ago a member said that it's legal and he is aware of the law and even practiced for a bit as a lawyer. So I'm also gonna upload it cause it's not that easy to make one alone.(too much work with my exam ahead:oops:)