After going to jail for making and broadcasting pornographic film from business man Raj Kundra. There is a discussion across the country whether this law is a crime? If so, is it a crime to watch such films or to produce films? What is the punishment or fine for this offence? So today we are going to tell you about it in detail. According to Indian law, you cannot go to jail for watching an adult film.
But you can arrested for sharing or making pornographic material. This is the basic understanding by which the entire nation, including the police, lawyers, judiciary and of course the filmmakers, works.
Section 67A of the Information Technology Act, 2000 states that, “Publishing, broadcasting, and transmitting and publishing in electronic form any material which includes sexually explicit acts or conduct is punishable with imprisonment of either description for a term which may extend to 5 years and with 10 Lakhs”. Therefore, if you are caught selling or trading pornographic movies, you can be jailed and fined heavily.
The most talked about violation of these laws is the arrest of Raj Kundra on 19 July. The producer-trader has booked under sections 420 of the Indian Penal Code (IPC) for cheating, 34 for common intention, 292 and 293, obscene and related.
Indecent advertisement and display, relevant sections of the IT Act as well as the Indecent Representation of Women (Prohibition) Act. His lawyers and associates involved in the case have said that Kundra’s companies. Affiliates and his app Hotshots were not involved in the production of pornographic films, but of erotica.
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There is no clear instruction in this subject, experts are of the opinion that in this kind of material you cannot differentiate which is erotica which is obscene. It depends on the perception of the society. Jyoti Venkatesh, a former member of the Central Board of Film Certification (CBFC), told, We had clear instructions that genitals should not be shown in any Indian film.
The only exception was Shekhar Kapur’s ‘Bandit Queen’ during my tenure. Because they went to the tribunal and got the certificate without any cut. But I remember when the ‘Schindler’s List’ which had nudity came for the certificate. It was necessary to cut it.
But a representative of Steven Spielberg said that If the CBFC demands a cut. They will not release the film, so an exception was made.Venkatesh believes that private parts should not be shown in films under any circumstances.
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