• Buying sex toys from online websites

Now a days lots of web sites have came up like Masalatoys.com. These websites claims that buying sex toys for personal use in India from Online websites is fully legal.However, they import the goods mostly and according to some information available online, the customs dept. May legally send notice to buyer. Is it Legal to buy sex toya for personal use online?
Asked 6 years ago in Constitutional Law

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12 Answers

hello sir, it is not legal to shop for such products online as it is not legal as per indian law

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

4.9 on 5.0

Hello,

No it is not legal and we have seen many cases wherein the custom department has issued notice to various customers who purchased sex toy online.

regards

Anilesh Tewari
Advocate, New Delhi
18079 Answers
377 Consultations

5.0 on 5.0

Don’t purchase sex toys online

Imported sex toys would be confiscated

You would be issued show cause notise by customs as to why sex toys should not be confiscated and penalty imposed upon you

Ajay Sethi
Advocate, Mumbai
94902 Answers
7570 Consultations

5.0 on 5.0

S.292 IPC embodies the scope of the provision to "public". Therefore, you have to give a declaration that it is meant for personal use.

Rajaganapathy Ganesan
Advocate, Chennai
2132 Answers
8 Consultations

4.9 on 5.0

Not advisable.

The customs dept. may confiscate the shipment and issue a show cause notice to the consignee and the shipment can be subject to confiscation/penalty.

Vibhanshu Srivastava
Advocate, Lucknow
9622 Answers
303 Consultations

5.0 on 5.0

Actually, it is legal through online shopping.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

5.0 on 5.0

1. No, it is not legal to buy s*x toys in India, be it online or over the counter.

2. If any such despatch through post/courier is detected by the Customs department, they will send you notice and in that case the only remedy before you is to deny that you had ever ordered that material for which the Customs department will confiscate the said toy.

3. However, you can buy the same legally if you can prove before the Court with doctors certificate that you require the said s*x toy on medical ground.

Krishna Kishore Ganguly
Advocate, Kolkata
27223 Answers
726 Consultations

5.0 on 5.0

Websites may be legally but for buying its not, and not valid in Indian for buyers, if you are caught by customs you have to face problems. Below is IPC Section 292

As per IPC Section 292 :- Sale, etc., of obscene books, etc.

1. For the purposes of sub-section (2), a book, pamphlet, paper, writing, drawing, painting representation, figure or any other object, shall be deemed to be obscene if it is lascivious or appeals to the prurient interest or if its effect, or (where it comprises two or more distinct items) the effect of any one of its items, is, if taken as a whole, such as to tend to deprave and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it.

2.Whoever —

a.sells, lets to hire, distributes, publicly exhibits or in any manner puts into circulation, or for purposes of sale, hire, distribution, public exhibition or circulation, makes, reduces or has in his possession any obscene book, pamphlet, paper, drawing, painting, representation or figure or any other obscene object whatsoever, or

b.imports, exports or conveys any obscene object for any of the purposes aforesaid, or knowing or having reason to believe that such object will be sold, let to hire, distributed or publicly exhibited or in any manner put into circulation, or

c.takes part in or receives profits from any business in the course of which he knows or has reason to believe that any such obscene objects are, for any of the purposes aforesaid, made, produced, purchased, kept, imported, exported, conveyed, publicly exhibited or in any manner put into circulation, or

d.advertises or makes known by any means whatsoever that any person is engaged or is ready to engage in any act which is an offence under this section, or that any such obscene object can be procured from or through any person, or

e.offers or attempts to do any act which is an offence under this section, shall be punished 1 on first conviction with imprisonment of either description for a term which may extend to two years, and with fine which may extend to two thousand rupees, and, in the event of a second or subsequent conviction, with imprisonment of either description for a term which may extend to five years, and also with fine which may extend to five thousand rupees.

Exceptions

This section does not extend to -

a. any book, pamphlet, paper, writing, drawing, painting, representation or figure

i.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

ii.which is kept or used bona fide for religious purposes;

any representation sculptured, engraved, painted or otherwise represented on or in

any ancient monument within the meaning of the Ancient Monuments and Archaeological Sites and Remains Act, 1958 (24 of 1958), or

any temple, or on any car used for the conveyance of idols, or kept or used for any religious purpose.

Ganesh Kadam
Advocate, Pune
12932 Answers
255 Consultations

4.9 on 5.0

The import of sex toys in India is illegal. The sale of sex toys within India is not illegal per se. Whoever sells, allows to hire, distributes, publicly exhibits, makes, or has in his possession any obscene book, pamphlet, paper, drawing, painting, or figure or any other obscene object whatsoever, or advertises, or makes known by any means whatsoever that any such obscene object can be procured from or through any person, is punishable with imprisonment and fine. Hence, it eventually boils down to the manner of sale.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

It is not illegal only the customs intercept the same in the name of obscenity. There is no specific section which bars buying,selling and use of sex toys. Only loss to you if customs intercept is loss of money.

Prashant Nayak
Advocate, Mumbai
32049 Answers
183 Consultations

4.1 on 5.0

Buying sex toys from foreign country whether online or off line is illegal.

The customs department besides confiscating the item may file a criminal case against you and you may be convicted with a sentence of jail as well as fine amount

Better do not place any order online, you can buy it in the local itself.

T Kalaiselvan
Advocate, Vellore
85098 Answers
2213 Consultations

5.0 on 5.0

Laws in India are unclear about the sale of sex toys.

According to Indian laws, whoever sells, allows to hire, distributes, publicly exhibits, makes, or has in his possession any obscene book, pamphlet, paper, drawing, painting, or figure or any other obscene object whatsoever, or advertises, or makes known by any means whatsoever that any such obscene object can be procured from or through any person, is punishable with imprisonment and fine.

Hence , you may get a notice from the Government authority to submit a declaration of personal use of sex toys.

Mohammed Shahzad
Advocate, Delhi
13332 Answers
199 Consultations

5.0 on 5.0

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