• Can I get into trouble with this?

Hello,
I have two questions. 
1. Can an Indian citizen host adult website( Host in United States server but manage from India and keeping earning in India?. )
2. If hosting or managing adult site is not allowed then can an Indian citizen link to adult website(hosted by another Indian citizen) and take money from that Indian citizen based per visitor sent to his website.
Asked 1 year ago in Business Law from Nawanshahr, Punjab
 Creating and maintaining an adult website for commercial purposes is not illegal in India as long as it does not promote child or animal sex.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
1) it would be illegal to manage adult website from India

2) you cannot take money from Indian citizen hosting adult website based on visitors sent to his website 
Ajay Sethi
Advocate, Mumbai
23217 Answers
1219 Consultations
5.0 on 5.0
1) close the adult website now . Adult web sites are restricted as being against public morals and decency. Most registrars and hosts will not register or host web sites which contain adult contents including pornography, warez sites etc

2) section 67A  of IT Act provides Whoever publishes or transmits or causes to be published or transmitted in the electronic form any material which contains sexually explicit act or conduct shall be punished on first conviction with imprisonment of either description for a term which may extend to five years and with fine which may extend to ten lakh rupees and in the event of second or subsequent conviction with imprisonment of either description for a term which may extend to seven years and also with fine which may extend to ten lakh rupees.

3) dont make any scripts for adult web sites 

4) dont do any search engine optimization for adult websites . you cannot promote adult web sites . 

5) Supreme Court of India has flatly refused to order the blocking of all pornographic websites.

6) it is better you close down  your adult website 
Ajay Sethi
Advocate, Mumbai
23217 Answers
1219 Consultations
5.0 on 5.0
1. An Indian Citizen can not host an adult site,

2. An Indian citizen can not be associated commercially with an adult site.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
230 Consultations
5.0 on 5.0
1. Not knowing the law is not an excuse for which you can be prosecuted even at a later date if adequate evidence of your offence is gathered by the law enforcing authorities. You should ensure now that there are nu much evidence of your offence left  for prosecuting you,

2. Getting professionally involved with a site from India whose hosting in India is treated as an offence is also an offensive act. However, it is perfectly legal to be associated with such website from USA where hosting of such sites are perfectly legal,

3. If hosting of a site in India is an offence, doing the SEO for the said site from India is also an offence,

4. & 5. The punishment depends on the sections of an act i.e. IPC herein is levelled against the offender and whether his crime has been proved or not. If a person has been convicted for one year, he can appeal against the said conviction order before the appeal court and for that he may get bail. The appeal court may set aide the lower court conviction order and in that case the person will be free. if the appeal court upholds the lower court order, then his bail will be automatically cancelled and he will again go to jail. jail term can not be completely avoided by taking bail.

6.No. You can not deal with an adult site in India in any way whatsoever. You are earning Rs.30 K per month through illegal way. Mend your way in your own interest.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
230 Consultations
5.0 on 5.0
The provisions of Information Technology act in this regard is reproduced below

67 A Punishment for publishing or transmitting of material containing sexually explicit
act,etc. in electronic form (Inserted vide ITAA 2008)
Whoever publishes or transmits or causes to be published or transmitted in the electronic form
any material which contains sexually explicit act or conduct shall be punished on first conviction with
imprisonment of either description for a term which may extend to five years and with fine which may
extend to ten lakh rupees and in the event of second or subsequent conviction with imprisonment of
either description for a term which may extend to seven years and also with fine which may extend
to ten lakh rupees.



1. If i close adult site now, it would be fine now as i don't know before it was a crime. Anything i have to do more? 
Running an adult web site in India is permitted by law and it is termed as an offence.  Ignorance of law cannot be claimed as an excuse.  For the present you close it and dont involve in allied sites too. 

2. As a programmer (coding etc), can i make scripts (html,webdesign) for adult sites , copyright sites (which keep music) for other Indian citizens? If no, i have done in past am i safe?
If the running of adult sit is an offence all other relative acts in that context is also an offence.



3. Can i do seo (Search Engine Optimization) of adult website or copyright sites (Music sites etc) of other Indian citizens? If no, i have done in past am i safe now?
This also can be termed as promotion for adult sites, hence considered as an offence, do not indulge in it.


4. What will be punishment of above crimes?
The provision of the concerned section of the law is given above, you may read it.



5. For example a person ordered one year of jail from court for a crime, is he has to spend 1 year in jail or he can get out on bail and no need to live in jail)?
After Conviction, to prefer an appeal and for a decision on appeal is arrived, the accused can remain on bail,but once the conviction is confirmed he has to go jail for completing the term of punishment.



6. Can i sell my adult site to another Indian citizen for one time payment? (As he will be responsible for domain and content on website).
You cannot sell the adult site to another Indian citizen.



What you suggest i should do with my this site who is giving me 30k Indian rupees per month?
this is an illegal earning, so in your own interest better close the site and look for some other business. 


T Kalaiselvan
Advocate, Vellore
14006 Answers
127 Consultations
5.0 on 5.0
As I said earlier, unless the adult website promotes child sex or animal sex it is legal to own it. If it promotes animal sex or child sex then closing it now will not make you immune from the violation of penal law which has already been committed, but this is subject to the detection of the commission of crime. A sale, the consideration or object of which is contrary to the law or public policy, is illegal. 
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Business Lawyers

T Kalaiselvan
Advocate, Vellore
14006 Answers
127 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23217 Answers
1219 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
230 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5196 Answers
54 Consultations
4.9 on 5.0
Nadeem Qureshi
Advocate, New Delhi
3533 Answers
130 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
5.0 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2737 Answers
41 Consultations
4.9 on 5.0
Lakshmi Kanth
Advocate, Hyderabad
223 Answers
2 Consultations
4.8 on 5.0
Shashidhar S. Sastry
Advocate, Bangalore
1238 Answers
59 Consultations
5.0 on 5.0