• Sending explicit image while sexting overseas

Hey,
Suppose on an online app like snapchat an indian guy sexts a girl who claims to be 18+, he does not receive her explicit images but send only his explicit image to her, she later reveals that she is a minor. What are the legal consequences for the guy in India? Again he doesn't possess her image thus not involved in child pornography, moreover the girl has lied about her age.
Asked 6 years ago in Criminal Law
Religion: Other

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15 Answers

Sexting is generally legal if all parties are over the age of majority and images are sent with their consent and knowledge; however, any type of sexual message that both parties have not consented to can constitute sexual harassment.

 

 

 

2) section 67a of IT act stipulates punishment for publishing or transmitting of material containing sexually explicit act, etc., in electronic form can be punished on first conviction with imprisonment of either description for a term which may extend to five years and with fine

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Well, if the same without his knowledge and the girl was chatting in anonymous manner then no crime is committed.

Moreover sex chat with a minor is a n crime in India provided she is above 15 years.

This is crime only of the sexually explicit languages are sent without her consent.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

It depends upon from which state or country that girl is chatting with you and secondly really she is going to make complaint against you. 

If you have not seen her face and prof of age, How you can say that she is minor or not ?

 

 

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

There are no such criminal offence in India for such online chats outside India.  Better you avoid the same

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

This is a punishable offence even if girl is adult or minor describe me charged under information technology act as well as Indian Penal Code

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

See the girl can file a complaint against the boy but in case she lied for the age and there are proof same it can be defended. 

Further she has to file complaint in India for same. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Sex chat or sending explicit images is illegal in india as per IT act. You may be convicted under the same after the set of legal process. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Dear Sir,

Hence, sexting and possessing a sext of a minor is illegal. Moreover, the act constitutes a strict liability crime. This means the government can prosecute someone even if they reasonably thought the sexts were from an adult but were actually from a child

Most people understand that it is illegal to send or receive nude photographs or explicit images to and from children under the age of 18. If you have done this, you can be charged with sending and possessing child pornography which is a very serious charge.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

Nothing will happen relax and avoid her in future until not confirmed she is 18+.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

 If the girl has claimewd that she is above 18 years of age and has consented for receiving/explicit images, then no charge of cild pronography will stand against the man.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

The question is not about the age of the girl, since it can be considered as a cyber crime, there are chances if the girl prefers to lodge complaint against this act for legal action including FIR and arrests etc.

T Kalaiselvan
Advocate, Vellore
89976 Answers
2492 Consultations

sex chat, sexting is illegal in our country and you can face conviction upon her complaint, 

but as she lied about her age and might be the app is made for adults only and quite possible she had made her account through a false statement at the time of registration on app,

another possibility, she might be using the account of another family member, 

so possibilities of child pornography are NIL

however

keep one thing in your mind absolutely clear that

sex chat, sexting is illegal in our country  

 

 

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

A case may be registered against you by the parent or guardian of the girl under the POCSO act irrespective of the fact whether she has told a lie regarding her age or not.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

If the matter is escalated to the Police, you can be charged under the IT Act as well as IPC. Section 67 and 67A of the IT act prohibit the publication and distribution of obscene and sexually explicit material respectively. 

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Dear sir 

Sending some images like that to a girl or anyone is a crime in Indian Law. 

But that too without the will of a person and it is punishable under section 354 A of IPC and iT attracts a punishment of upto 3 yrs or fine or both. 

But if the girl is showing you the will without telling her correct age then it can be used as defence for you as she is also involved in the sexting with you. You should not delete the chat.  Until you gets confirmed that nothing is going to happen against you.  

And in future do not get involve in this type of activities if you don't want to get convicted 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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