• Is purchasing sex toy online punishable

Dear Lawyers ,

I received notice from appraising officer of customs for purchasing adult toy . Same mentioned personal hearing granted 16 march 2020 . otherwise take judicial action to you against purchasing adult toy.

i gifted that item to my army friend then how to i proceeding that toy

What i do ? 

any options leave this case
Asked 4 years ago in Criminal Law
Religion: Hindu

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30 Answers

Sex toys are illegal in india


Engage a counsel and reply the notice mentioning you were not aware that sex toys are illegal,

Pay penalty and compound the offense

Suneel Moudgil
Advocate, Panipat
2381 Answers
6 Consultations

4.8 on 5.0

No, they won't

Suneel Moudgil
Advocate, Panipat
2381 Answers
6 Consultations

4.8 on 5.0

Importing sex toys is an offence under criminal law in India.

If you have received any notice from the authorities concerned yo may better issue a reply notice claiming innocence of law in this regard and can seek waiver of your personal appearance before authorities concerned and also you may undertake to pay the penalty/fine in this regard upon intimate ion and can seek apology for this lapse on your side. If you cannot be able to give a reply notice to the authorities you may engage the services of an advocate in order to defend your interests.

T Kalaiselvan
Advocate, Vellore
85104 Answers
2215 Consultations

5.0 on 5.0

1) file detailed reply that you imported sex toy for personal use 

 

2) that you were not aware that import is prohibited 

 

3) that you do not want personal hearing 

 

 

Ajay Sethi
Advocate, Mumbai
94903 Answers
7570 Consultations

5.0 on 5.0

Reply to show cause notice 

Ajay Sethi
Advocate, Mumbai
94903 Answers
7570 Consultations

5.0 on 5.0

1. File your statement /affidavit with the Authority, declaring that said toy was purchased for personal experimental usage and not for any commercial usage /transaction and that you are ready to pay the penalty for the same and that you undertake not to repeat the inadvertent error again.  Request that this matter be closed since it is not a grave offence.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

If it is a first time offence the by making payment of Fine , you would be acquitted.

But do give an explanation of why you imported the toy which is prohibited for purchase in India.

So take plea of ignorance of this and show willingness to pay the fine in full to avoid further complications. 

Devajyoti Barman
Advocate, Kolkata
22861 Answers
492 Consultations

5.0 on 5.0

Just reply them through registered post that you was unaware of any such prohibition. And the act is committed in ignorance in ignorance of customs act. Sooner it came to your knowledge, you cancelled the delivery but before that product was delivered. And request for amnesty being bonafide mistake.

Maximum 5k penalty will impose. No personal attendance require.

Yogendra Singh Rajawat
Advocate, Jaipur
22669 Answers
31 Consultations

4.4 on 5.0

You have to respond to the notice received by you. 

Do not keep quite, if the authority passes ex-parte order, it will be difficult for you.

You can claim that you are not aware about the seriousness of the same and also share the details of gifting same.

You may request the authority, to take a lenient view on the same and pardon you for the said issue.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

Hi

Go there on the date mentioned and give a written statement that you were not aware about the fact that buying such item online is an illegal act. 

Thanks 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

Send reply by speed post as well as by email 

 

2) you can waive personal hearing 

 

3) customs accepts reply sent by courier , post , emails 

Ajay Sethi
Advocate, Mumbai
94903 Answers
7570 Consultations

5.0 on 5.0

Either or both. No harm. But must be registered post. No personal hearing require.

Yogendra Singh Rajawat
Advocate, Jaipur
22669 Answers
31 Consultations

4.4 on 5.0

1. You have to appear in Person or thru a duly appointed Lawyer, and file your statement.

2. Postal /Email replies are not accepted for judicial /quasi judicial proceedings /hearings.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

- Actually, there is no law stating that sex toys are not allowed in India.

- However, Section 292 of the IPC prevents the sale of any material or product that is ‘obscene’ in nature in India. But, no statement has been mentioned regarding the ‘Ban on Sex Toys in India

- Further, keeping sex toys at home for personal use , is not an offence unless the individual is private about its usage and functioning. Every individual has his/her private life and hence, they have the full right to do whatever they want to under those boundations.

- Further, the Kolkata High Court addressed the issue whether sex toys purchase/imports /sell in India comes under the charges of “obscenity”. The Court held that the charges on obscenity cannot be held as they were not legally sustainable. Just because the toy brings out sexual desires, it cannot be labeled as ‘obscene’.

- Since, you got notice from Custom Department , hence you should give the reply of the show cause notice to the department and appear for personal hearing , and thereby declare before them that the said items are for personal use and not for sale to other persons. 

- But if the items you ordered, is absolutely confiscated, then you will have to pay penalty. 

1. Yes, you can prepare the reply yourself , and narrate that the items are for personal use and not for any other means of illegal act.

2. Better send the reply by registered post 

3. Reply may give you relief , and further appearance not required , if official satisfied by your reply

 

Good luck and dont forget to rating Positively.

Mohammed Shahzad
Advocate, Delhi
13333 Answers
199 Consultations

5.0 on 5.0

Prepare a letter of apologize and in future you will not do any such act. Give undertaking in this regards. And pay penalty amount in the DD favour of custom officer which is mention in the custom notice. 

Ganesh Kadam
Advocate, Pune
12932 Answers
256 Consultations

4.9 on 5.0

It's objected on basis of obscenity. You can contest the same or pay fine and get relieved. As per there is no Obsenity in the same as the same is purchased for private use and delivered in private. 

If you want to challenge it in court I will do that. 

Contact me in kaanoon on 9a7g6g9g4e9g0f9f1a1

Prashant Nayak
Advocate, Mumbai
32051 Answers
183 Consultations

4.1 on 5.0

1. Sex toys are prohibited item is can not be imported in India under any circumstances.

2.Since the import/sale of sex toys is banned in India as per IPC section 292 and is a prohibited item, the import of the same by you is in contravention of the law and hence it will be liable for absolute confiscation alongwith penalty.

3. Contact local lawyer.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Better reply show cause through an advocate.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

If the custom officer is sending any further notice then you may have to give a suitable reply on the basis of the questions raised.

 

T Kalaiselvan
Advocate, Vellore
85104 Answers
2215 Consultations

5.0 on 5.0

1. You may better send the reply by registered post instead of replying through email.

2. They will accept both, but to be on the safer side, you may better send it by registered post.

3. If you have time and ready to face the customs inquiry session in person, then you may visit their office and comply with the formalities or requirements. 

T Kalaiselvan
Advocate, Vellore
85104 Answers
2215 Consultations

5.0 on 5.0

1. send the letter by both modes,

2. personal appearance is not must

Suneel Moudgil
Advocate, Panipat
2381 Answers
6 Consultations

4.8 on 5.0

See you can reply notice waive of right of personal hearing through your reply, the department shall impose a penalty amount and prosecution shall not be initiated only penalty is there. 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

See you can accept penalty and pray for linnet view on the penalty. 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Reply by letter using Registered Post through Post office. You can waive off your right of the personal hearing through letter only you don't need to personally appear. 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

1. You should appear before customs officer and pay the fine for import of sex toy as it is a banned product.

2. you should send the reply through Registered post.

 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

Send it through Regd. Post with Ack. Due which is accepted more, retain a copy for your records.

You need not visit personally, if you send your reply in writing within time.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

Dear Sir,

You need to immediately hire a drafting lawyer and get a reply drafted on the following points. - that you had no idea that import of sex toys was prohibited in India - that you do not have any objection to sex toy being confiscated by customs - that you do not want any personal hearing on this matter - that you purchased the toy only for personal use.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

You should be present at the place where you been called to and present your case. Engage a lawyer who may write an apology letter. 

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

He may ask you if you are into commercial buying and selling the toys. He may ask othwr questions too.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

You should go there along with an advocate who will help you as he understands the situation.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

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