• Adult romantic story website and obscenity

Hello!

Can a website consisting of the adult romantic story be considered as an 'obscene' one by legal and moral standards? Here, I would like to add further that the website under reference would never tread the path of nudity, sexual titillation and as such in either through words or pictorial or even video graphical. 

Elucidating further, I would add that the 'adult' nature would be solely defined by the complexity of the plot in the story, such as, for an instance, mutual affection of colleagues due to seemingly insensitive spouse etc. 

Hence, it would be a website of stories of adult themes but distinctly staying away from nudity and such titillation in any form. 

Therefore, based on what I said above, could it hurt the moral standard of society and based on that, any legal recourse be initiated against the website? 
Regards.
Asked 4 months ago in Criminal Law
Religion: Hindu

2 answers received in 10 minutes.

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24 Answers

This is all ok to have such content on websites. 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

Obscenity refers to a narrow category of pornography that violates contemporary community standards. If the material is of a sexual nature that arouses many readers and viewers, its Obscenity.

Yogendra Singh Rajawat
Advocate, Jaipur
21421 Answers
31 Consultations

4.4 on 5.0

No it's not obscene. The investigation officers most of the time make anything obscene without a reason and applicable provision. There should be application of mind to prove the obscenity charge

Prashant Nayak
Advocate, Mumbai
22962 Answers
49 Consultations

4.4 on 5.0

As long as it is not hurting anyone's sentiments directly nothing can happen to you. No legal action happen until you directly implicating, caste, creed, sex, male or female or anyone specific, further clarification seek forums permission

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

4.7 on 5.0

You can go for such site with disclaimer notification on it. Because there are so many sites running as of now.

Ganesh Kadam
Advocate, Pune
11850 Answers
116 Consultations

4.9 on 5.0

No the provision of the ipc will not attract it. 

Swarupananda Neogi
Advocate, Kolkata
2911 Answers
6 Consultations

4.7 on 5.0

It cannot be regarded as obscene legally 

 

even if legal action is taken for posting adult stories case would be dismissed 

Ajay Sethi
Advocate, Mumbai
80471 Answers
4927 Consultations

5.0 on 5.0

1. The adult content is permissible to be screened or streamed only if the Sensor Bard gives permission to such film.

If this is not film then also it requires permission from the government authority relating to online video content.

In other words without knowing much about the subject matter of your content it is difficult to advise further.

Devajyoti Barman
Advocate, Kolkata
21978 Answers
325 Consultations

5.0 on 5.0

In India, publishing or transmitting pornographic material is illegal.

The theme what you have mentioned may come under pornography also.

  • The selling and distribution of pornographic material is illegal in India under section 292.
  • The distribution, sale, or circulation of obscene materials and the selling of pornographic content to any person under age 20 years are illegal under section 293 and IT Act-67B.

Pornography in India is available in print magazines, but is mainly consumed using the internet. This consumption is increasing with the increased prevalence of smartphones and the internet. Despite the increased access, public discourse and attitudes on pornography remain muted and a taboo in many parts of India.

In July 2015 the Supreme Court of India refused to allow the blocking of pornographic websites and said that watching pornography indoors in the privacy of one's own home was not a crime.

The Supreme Court of India, in Khoday Distilleries Ltd. and Ors. v. State of Karnataka and Ors. - (1995) 1 SCC 574, held that there is no fundamental right to carry on business of exhibiting and publishing pornographic or obscene films and literature.

 

Many sex related topics, such as pornography, are considered taboo in traditional Indian households.[3] This trend seems to be rapidly changing, especially in urbanized cities. Researchers have found that the primary sex education of youth born in the 1990s onwards in India comes from pornography and conversations amongst their peers, which has been known to cause long term sexual anxiety and frustration in other cultures where youth learn sexual attitudes from pornography. However, due to the internet and increased access for the common citizen, pornography has slowly entered the public discourse, most notably with the outrage towards a 2015 government order to censor 857 websites that contained explicit materials.

The facts are given before you.

You can decide what you are doing and how.

But always maintain a safe passage.

 

 

T Kalaiselvan
Advocate, Vellore
70524 Answers
985 Consultations

5.0 on 5.0

You have asked questions and answered as well.

In addition to that for the sake of minimizing repetition of content of answer, I would advise you that there should not be anything which would invoke action against the users and website which would transmit information, audio, video, short film or slide violating provisions of the prevention of Immoral trafficking Act ,I T Act ,Obscene under IPC then No civil or criminal action otherwise IT Act section 67,68,69,76,78 with PITA or IPC would be applied and if applied then Anticipatory bail application is the recourse to save self.

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

5.0 on 5.0

For the purpose of this question, Section 67, 67A, and 67B of the Information Act, 2000 (herein referred as the IT Act) along with Section 292 of the Indian Penal Code, 1860 (herein referred as IPC) are relevant. Section 67, 67A, and 67B prohibit publication and transmission of obscene content, sexually explicit content, and child pornography respectively.

Section 292 talks about a representation, a figure, or any other object which can be deemed to be obscene. It states that participating in selling, publication, public exhibition, advertisement, or any such activity related to obscene content is an offence. It prescribes an imprisonment up to two years or fine up to ₹4000 or both on the first conviction while up to 5 years and ₹5000 on the second conviction.

Mohammed Mujeeb
Advocate, Hyderabad
18991 Answers
15 Consultations

4.5 on 5.0

1. The website contents described by you doesn't come under standards of nudity or obscenity.

2. No legal actions cannot he taken against website if it maintain it's standards as described by you in your question.

Mohit Kapoor
Advocate, Rohtak
10685 Answers
7 Consultations

5.0 on 5.0

No it cannot be termed as illegal as per the law ie Indian penal code. Explicit forms of nudity and description of it should be avoided.

Rahul Mishra
Advocate, Lucknow
11781 Answers
23 Consultations

5.0 on 5.0

Dear Sir/Madam,

You are suggested the said website will be against the moral standards of the society (even though bases on the truth) and also prohibited by law. Hence, the said website is not permitted legally and the action may taken against the same. 

Ganesh Singh
Advocate, New Delhi
6568 Answers
13 Consultations

4.5 on 5.0

1. There is no defined moral standard of the Society. In one section of the Society weeds, marijuana is being traded, used by even teen age girls which might be considered as un thinkable by another section of the Society.

 

2. Moreover, the yardstick of standard of moral of the Society changes over a period of time. Recall that the Novel 'Bibor' written by Samaresh Bose was banned for some time for not complying with the moral standar5d of the Society.

 

3. So, if you start a website for adult stories, it can be an instant hit but be prepared to be harassed by jealous people acting as Moral Police.

Krishna Kishore Ganguly
Advocate, Kolkata
25047 Answers
722 Consultations

5.0 on 5.0

- Section 66A of the IT Act, prohibits the sending of offensive messages though a communication device, i.e. through an online medium.

- This covers, offensive messages of a menacing character, or a message that the sender /publisher knows to be false but is sent for the purpose of ‘causing annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred, or ill will.

- The person who booked under Section 66A could face up to 3 years of imprisonment along with a fine.

- Hence a website of adult stories only not come under this offence. 

Mohammed Shahzad
Advocate, Delhi
5910 Answers
60 Consultations

5.0 on 5.0

Totally depends on knowing full facts.

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

4.7 on 5.0

You have placed thus question in general in the public forum instead of approaching the particular advocate of your choice. 

You may collect the particulars of the advocate of your choice and contact him or directly. 

 

T Kalaiselvan
Advocate, Vellore
70524 Answers
985 Consultations

5.0 on 5.0

Yes it can be done. For any assistance contact me in kaanoon on 9 a 7 g 6 g 9 g 4 e 9 g 0 f 9 f 1 a 1. Consultation applicable. 

Prashant Nayak
Advocate, Mumbai
22962 Answers
49 Consultations

4.4 on 5.0

You can contact any lawyer on this website for laying down terms and conditions for accessing the website 

 

2) legal fees vary depending upon lawyer engaged by you 

Ajay Sethi
Advocate, Mumbai
80471 Answers
4927 Consultations

5.0 on 5.0

Dear Sir/Madam,

You are suggested that this is not the right forum for asking an advocate directly to work for you or asking the fee. You may go to "Talk to a lawyer" or "Hire a lawyer" of Kaanoon.com. It is intimated that it is not the solicitation of any kind, rather the information regarding the process.  

Ganesh Singh
Advocate, New Delhi
6568 Answers
13 Consultations

4.5 on 5.0

You may get in touch with me to proceed further  

Swarupananda Neogi
Advocate, Kolkata
2911 Answers
6 Consultations

4.7 on 5.0

You can seek phone consultation from any lawyer on this website. 

Mohammed Mujeeb
Advocate, Hyderabad
18991 Answers
15 Consultations

4.5 on 5.0

1. You shall require legal guidance in this regard and not just one consultation.

 

2. It will be prudent on your part if you open up the cite and deal with it from abroad where Indian moral police will have no jurisdiction.

 

3. Your plan has huge prospect followed by stiff resistance by jealous people from your Country.

Krishna Kishore Ganguly
Advocate, Kolkata
25047 Answers
722 Consultations

5.0 on 5.0

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