Doubt About Legality in India

[S.A.M studios]

I had to find an alternative link to the direct legal code because apparently their site is currently having issues.

But from what I remember It makes, manufacture, distribution, receiving and possession all illegal.
There is a few exceptions I think they are meant to be related. Such as a couple can film themselves for their own personal use.
It only becomes illegal when it is distributed. The ability to watch material at home is I believe supposed to be tied to that aspect.
After all how can you watch something you can legally receive or posses. I think there is a general concept in play that it only becomes porn / (obscene) if it is acts are viewed by those who are not in it.
Back to the example of a couple filming themselves. If they view it there isn't anything obscene about it. However, if another person watches it who wasn't partaking and the intent is "sexual arousal" term used in the law. Then it is considered obscene.

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Section 292 [(2)](a) does list possession. That's on page 67.
The idea is that it doesn't become obscene until someone other than those in it are made aware of it.
Hell even advertising it without images is illegal, making offers to have any part of it illegal, being in it for profit is specifically listed as illegal.
We can avoid section 293 because we aren't really interested in the section regarding minors with this discussion.
I also attached the pdf in case this link has issues in the future.

actually section 292 is for offline crimes for online crimes or cyber cyber crimes there is separate law which is IT Act 2000, IT Act 2008 amendment and IT Act 2021

 

[Diconica]

actually section 292 is for offline crimes for online crimes or cyber cyber crimes there is separate law which is IT Act 2000, IT Act 2008 amendment and IT Act 2021

I provided links to both unfortunately indiacode is real real slow at present.
Sort of. You are correct in the intent is to stop online publishing and transmission of obscene material.

You must be registered to see the links

It's part 67 in there you can find the English version on page 26.
If you look at the first PDF I directed you to it isn't limited to purely printed material there is the "etc" which gives it coverage for basically anything. The IT acts from what I can tell appear to be more to make up for issues with terminology in the original law.
Probably more so in the native language than in the English. The use of the term publish in English would even cover internet publishing while I don't know the specific term they used in Hindi it may be more restricted to print formats.

The real shit factor though comes in the form of 87 Power of Central Government to make rules page 35
The IT act of 2021 appears to be them trying to make use and add to this aspect. They figured out there was a huge absorbent cost to this shit which you can see in their attempts to force company's like Whatsapp and twitter to do a large part of the work for them. Smug fucking bastards actually want to tell foreign companies how to run their business then in the next sentence claim that company is trying to undermine its government by not complying. Honestly, I would laugh my ass off if the people in India revolted and tossed their asses in jail.

I'm still not seeing anything in the legal code that says an individual can watch porn in the privacy of their home.
That said just because I haven't seen it doesn't mean it doesn't exist. So if you can provide me a link to the legal source I'd appreciate it. Just don't point to a website or article making the claim.

 

[Diconica]

On the other matter I'm a bit confused about the restrictions. Is it because we're Indians that's why we can't do it or is it because we are in India or we can upload it but not in any Indian website.

If you are in India you can't do it.
If you are an Citizen of India abroad can those laws still be upheld? Yes.
Countries routinely enforce laws on citizens that are not in their native land. A good example is taxes.
If you came back to India after making what it calls obscene material they could arrest you on entry.
Will they? That's an entire different question I can't answer.
On Entry: A note to understand on that. That's any territory under their control. That could be actually flying back to India if the airline is under India's flag they don't even have to wait till you land. If you set foot on an Vessel such as a ship that sails under India's flag, an embassy...

 

[S.A.M studios]

I provided links to both unfortunately indiacode is real real slow at present.
Sort of. You are correct in the intent is to stop online publishing and transmission of obscene material.

You must be registered to see the links

It's part 67 in there you can find the English version on page 26.
If you look at the first PDF I directed you to it isn't limited to purely printed material there is the "etc" which gives it coverage for basically anything. The IT acts from what I can tell appear to be more to make up for issues with terminology in the original law.
Probably more so in the native language than in the English. The use of the term publish in English would even cover internet publishing while I don't know the specific term they used in Hindi it may be more restricted to print formats.

The real shit factor though comes in the form of 87 Power of Central Government to make rules page 35
The IT act of 2021 appears to be them trying to make use and add to this aspect. They figured out there was a huge absorbent cost to this shit which you can see in their attempts to force company's like Whatsapp and twitter to do a large part of the work for them. Smug fucking bastards actually want to tell foreign companies how to run their business then in the next sentence claim that company is trying to undermine its government by not complying. Honestly, I would laugh my ass off if the people in India revolted and tossed their asses in jail.

I'm still not seeing anything in the legal code that says an individual can watch porn in the privacy of their home.
That said just because I haven't seen it doesn't mean it doesn't exist. So if you can provide me a link to the legal source I'd appreciate it. Just don't point to a website or article making the claim.

Actually that is the main problem we can't able to find any legal source online Indian government still far behind in terms of internet The government employees here do not even know how to run a computer properly.

 

[Deleted member 3642964]

I don't think that dev was from India by the wordings and models the dev seems to be from Russia. Here's a clarification that IT Act had issued for exceptions.

Exceptions to Section 67 and 67A
Section 67 and Section 67A does not extend to any book, pamphlet, paper, writing, drawing, painting, representation or figure in electronic form-

1. the publication of which is proved to be justified as being for the public good on the ground that such book, pamphlet, paper, writing, drawing, painting, representation or figure is in the interest of science,literature,art,or learning or other objects of general concern; or
2. which is kept or used bona fide for religious purposes.

 

[Diconica]

Actually that is the main problem we can't able to find any legal source online Indian government still far behind in terms of internet The government employees here do not even know how to run a computer properly.

4 of these links are from India's government the last 2 appear to be civilian legal law library in India.
I'm in Texas and the last time I spoke any Hindi was 33 years ago and at that time it was a few words. That was because two high school friends were from India. That said I haven't been able to find much of anything other than news reports and second hand information when it comes to IT act 2021. It may not be complete as yet or hasn't been published or whatever.

You must be registered to see the links

You must be registered to see the links

You must be registered to see the links

You must be registered to see the links

You must be registered to see the links

You must be registered to see the links

 

[Diconica]

I don't think that dev was from India by the wordings and models the dev seems to be from Russia. Here's a clarification that IT Act had issued for exceptions.

Exceptions to Section 67 and 67A
Section 67 and Section 67A does not extend to any book, pamphlet, paper, writing, drawing, painting, representation or figure in electronic form-

1. the publication of which is proved to be justified as being for the public good on the ground that such book, pamphlet, paper, writing, drawing, painting, representation or figure is in the interest of science,literature,art,or learning or other objects of general concern; or
2. which is kept or used bona fide for religious purposes.

Yep, I probably should have been more clear. The exception they were claiming people could watch it in their house but not manufacture it doesn't exist in that list of exceptions. But I was giving the off chances that maybe people knew of another list of exceptions to that.
Also note that list of exception in applies in no way to the electronic formats. Meaning there isn't an exception for electronics formats of adult content or obscene material per the law.
I think a lot of people are repeating what other people are saying without actually having read the law.

 

[NG Creative]

I think for now the option is divide the game in 2 parts. SFW & NSFW. You solely need to focus on story & game mechanics rather than lewds. So on patreon just make it as SFW game and not an adult creator. Never ever tell anybody that you're creating an adult game. You can prepare NSFW patch which will add to the story as mod or extra content to make it more realistic. So do the coding in such a way that NSFW patch won't work without the sfw game which should be a core. On f95 you can share the NSFW patch. But don't say that I'm creating this or that in open public. Only say this is some sort of novel game that's it.

So whenever suppose the checking will come (which is never gonna happen in near future). You can say this is completely sfw game and based on relations or something like that based on your story. And you can say about the lewds is that this were unofficial mods created by other creators and you don't know anything about them or any relation with this.

 

[ScaryFairy]

I think for now the option is divide the game in 2 parts. SFW & NSFW. You solely need to focus on story & game mechanics rather than lewds. So on patreon just make it as SFW game and not an adult creator. Never ever tell anybody that you're creating an adult game. You can prepare NSFW patch which will add to the story as mod or extra content to make it more realistic. So do the coding in such a way that NSFW patch won't work without the sfw game which should be a core. On f95 you can share the NSFW patch. But don't say that I'm creating this or that in open public. Only say this is some sort of novel game that's it.

So whenever suppose the checking will come (which is never gonna happen in near future). You can say this is completely sfw game and based on relations or something like that based on your story. And you can say about the lewds is that this were unofficial mods created by other creators and you don't know anything about them or any relation with this.

That's exactly what I've decided to do. Also if I make the patch and ask a friend who is not from India that he can upload it on my behalf then it'll be more or less enough safety considering the reactiveness of Indian law(to be honest they have more important matters piled up to solve).

 

[ScaryFairy]

I provided links to both unfortunately indiacode is real real slow at present.
Sort of. You are correct in the intent is to stop online publishing and transmission of obscene material.

You must be registered to see the links

It's part 67 in there you can find the English version on page 26.
If you look at the first PDF I directed you to it isn't limited to purely printed material there is the "etc" which gives it coverage for basically anything. The IT acts from what I can tell appear to be more to make up for issues with terminology in the original law.
Probably more so in the native language than in the English. The use of the term publish in English would even cover internet publishing while I don't know the specific term they used in Hindi it may be more restricted to print formats.

The real shit factor though comes in the form of 87 Power of Central Government to make rules page 35
The IT act of 2021 appears to be them trying to make use and add to this aspect. They figured out there was a huge absorbent cost to this shit which you can see in their attempts to force company's like Whatsapp and twitter to do a large part of the work for them. Smug fucking bastards actually want to tell foreign companies how to run their business then in the next sentence claim that company is trying to undermine its government by not complying. Honestly, I would laugh my ass off if the people in India revolted and tossed their asses in jail.

I'm still not seeing anything in the legal code that says an individual can watch porn in the privacy of their home.
That said just because I haven't seen it doesn't mean it doesn't exist. So if you can provide me a link to the legal source I'd appreciate it. Just don't point to a website or article making the claim.

It isn't described specifically in any section(If it is, I don't know much about law).Article 21 of the Indian Constitution gives the right to life and personal liberty to Indian Citizens. And in a case the supreme court of India has orally declared that it is legal. Also authority can't tell what you can or can not do in your house or private space unless you're making a nuclear bomb.

 

[NG Creative]

It isn't described specifically in any section(If it is, I don't know much about law).Article 21 of the Indian Constitution gives the right to life and personal liberty to Indian Citizens. And in a case the supreme court of India has orally declared that it is legal. Also authority can't tell what you can or can not do in your house or private space unless you're making a nuclear bomb.

Only in Uttarapradesh state it is illegal to watch porn other than it in any states you can watch it in private. But it is illegal to watch in public in any state if you do so and get any FIR filed against you then you're in danger. But if the crowd in which you're watching that is totally fine with that then no worries, example a group of good friends watching porn.

The main fascinating situation is that the transmission of porn is done by huge number of people in social media groups. But government is not taking action against them. But if you're earning money from it then government might be interested in putting you behind the jail.

 

[S.A.M studios]

Only in Uttarapradesh state it is illegal to watch porn other than it in any states you can watch it in private. But it is illegal to watch in public in any state if you do so and get any FIR filed against you then you're in danger. But if the crowd in which you're watching that is totally fine with that then no worries, example a group of good friends watching porn.

The main fascinating situation is that the transmission of porn is done by huge number of people in social media groups. But government is not taking action against them. But if you're earning money from it then government might be interested in putting you behind the jail.

Yes you are correct at this point. Nothing will happened until someone file a case against you. Second point is that we earn money from ptreon and it came through paypal so we can add freelancer in income source of income yax form but to be safe we need to make a sfw game and release its patch somewhere else or from someone else.
But main question is here how the every person that play the game knows that the nsfw patch of this game uploaded here or somwhere not evryone know this website and we can't able to put any link about that patch in our game.

 

[S.A.M studios]

Ok everyone thanks for your big support now i decided i will make sfw game then earm money from it and leave india and settle somwhere else where i can do my work freely without any fear

 

[S.A.M studios]

Yep, I probably should have been more clear. The exception they were claiming people could watch it in their house but not manufacture it doesn't exist in that list of exceptions. But I was giving the off chances that maybe people knew of another list of exceptions to that.
Also note that list of exception in applies in no way to the electronic formats. Meaning there isn't an exception for electronics formats of adult content or obscene material per the law.
I think a lot of people are repeating what other people are saying without actually having read the law.

Exactly you are absolutely correct every page and article Just repeating the same things.

 

[ScaryFairy]

Ok everyone thanks for your big support now i decided i will make sfw game then earm money from it and leave india and settle somwhere else where i can do my work freely without any fear

Good luck on your journey friend as I also think we wouldn't go anywhere with this cause strict or not the law itself is pretty clear. Although SFW usually doesn't get as much attention as NSFW gets but if everything is done in a fine way all you need to have is a little bit of patience and I'm sure things will turn out to be good for you. Also not to demotivate you but getting a citizenship in a developed country is kinda hard and sometimes complicated as I, myself also have considered that path and most of the time it requires too much things(not only financial) that is kinda hard to get.
Also out of curiosity did you decide to make a patch for your game? Cause I'll do the same what most of the people are doing.

 

[NG Creative]

SFW usually doesn't get as much attention as NSFW gets but if everything is done in a fine way all you need to have is a little bit of patience

Yes that's somewhat true. But I think here SFW means lots of teasing, nudity (not sure) is accepted. Only sexual activity involving genitals need to be strictly avoid.

People will stay with you if the story is really good. So In this case NSFW not should be the main focus or game should contain lots of lewds. I'm now playing light of my life created by naughty rods. Played 1 chapter out of 5, in that there was no sexual activity renders involving male & female until what I have played. But that game had very good story and depiction of characters was so good. Actually I was avoiding that game by seeing the models used but later after reading the reviews thought to give it a go.

You can make indirect renders like what is shown in movies, they hide just genitals rest actions are seen. Like you can create renders of lewd scenes, just need to learn the technique how lewd is shown in movies for the sfw part.

Need to figure out technique about circulating the NSFW patch.

But if you're main focus was creating a porn game highly focused on lewds as a selling point. So that's not gonna happen.

 

[S.A.M studios]

Good luck on your journey friend as I also think we wouldn't go anywhere with this cause strict or not the law itself is pretty clear. Although SFW usually doesn't get as much attention as NSFW gets but if everything is done in a fine way all you need to have is a little bit of patience and I'm sure things will turn out to be good for you. Also not to demotivate you but getting a citizenship in a developed country is kinda hard and sometimes complicated as I, myself also have considered that path and most of the time it requires too much things(not only financial) that is kinda hard to get.
Also out of curiosity did you decide to make a patch for your game? Cause I'll do the same what most of the people are doing.

Thank you friend i will try best and good luck to you too.

 

[S.A.M studios]

Good luck on your journey friend as I also think we wouldn't go anywhere with this cause strict or not the law itself is pretty clear. Although SFW usually doesn't get as much attention as NSFW gets but if everything is done in a fine way all you need to have is a little bit of patience and I'm sure things will turn out to be good for you. Also not to demotivate you but getting a citizenship in a developed country is kinda hard and sometimes complicated as I, myself also have considered that path and most of the time it requires too much things(not only financial) that is kinda hard to get.
Also out of curiosity did you decide to make a patch for your game? Cause I'll do the same what most of the people are doing.

The candian citizenship is easy to get i can go to the Canada after earning some money and settle my gaming business there also canada is openly available for the migrants

 

[ScaryFairy]

The candian citizenship is easy to get i can go to the Canada after earning some money and settle my gaming business there also canada is openly available for the migrants

Hmm didn't think of that as I was more leaning towards Australia, Japan and New Zealand. But in the end you need to have a STRONG REASON and eligibility to get one in any developed country. Looks like you're more interested in business while I wanna be a doctor and will be satisfied by a PR(don't need a citizenship) and there's nothing better than pursuing your dream with satisfaction rather than success(at least I think so). Keep working hard friend and I'm sure you'll get what you want.
Hey I remember you didn't answer my question. WILL YOU MAKE A PATCH OR NOT?

 

[S.A.M studios]

Hmm didn't think of that as I was more leaning towards Australia, Japan and New Zealand. But in the end you need to have a STRONG REASON and eligibility to get one in any developed country. Looks like you're more interested in business while I wanna be a doctor and will be satisfied by a PR(don't need a citizenship) and there's nothing better than pursuing your dream with satisfaction rather than success(at least I think so). Keep working hard friend and I'm sure you'll get what you want.
Hey I remember you didn't answer my question. WILL YOU MAKE A PATCH OR NOT?

Yes i will make a patch but i am still figuring out that how players get to know about that patch