- 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.
- As per the website of Chhatrapati Shivaji International Airport, Customs displayed a list of items that are prohibited for import. Pornographic and Obscene materials are covered under Prohibited items of this list , and under section 111(d) of Customs Act, this item is liable for confiscation and is also liable for penalty u/s 112 of Customs Act, 1962.
- Further, the Kolkata High Court addressed the issue whether sex toys sold 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.