• Ordered sex toy online

Got a show case notice two days back for ordering sex toy online. I'm from chennai and what should I do to resolve this issue. If any lawyer's from chennai can assist me on this and help me to get this issue out of hand. 
I'm totally unaware that it is illegal. But I ordered it as a personal use only. When I heard a guy was taking in train about ordering sex toy online, which made me curious to try. I don't want my parents to know about this as well. Please assist me on is.
Asked 8 months ago in Criminal Law from Chennai, Tamil Nadu
Religion: Hindu
1, What is the notice?Ordering sex toy through online portal is banned in India.
2. Anyway if you offer proper explanation of the act,not much damages is to be done.
3. Meet a local lawyer and get a show cause drafted.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
1) yiu should reply to show cause notice 

2) you don't need a lawyer 

3) mention that it was bought for personal use 

4) you have no objection to sex toy  being confiscated 

5) you would be imposed nominal penalty of Rs 5000 
Ajay Sethi
Advocate, Mumbai
23405 Answers
1230 Consultations
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Reply to the notice through your lawyer. You will have to personally attend the office of assistant commissioner of the custom and plead the case and assure that you are ready to pay the penalty that may be imposed and also assure that you will not do this act again.
Ashish Davessar
Advocate, Jaipur
18266 Answers
451 Consultations
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Laws in India are unclear about the sale of sex toys. In most cases, the concern is related to the ways these products are sold, showing suggestive pictures and graphic descriptions. According to Indian laws, whoever sells, allows to hire, distributes, publicly exhibits, makes, or has in his possession any obscene book, pamphlet, paper, drawing, painting, or figure or any other obscene object whatsoever, or advertises, or makes known by any means whatsoever that any such obscene object can be procured from or through any person, is punishable with imprisonment and fine.
The sale of sex toys is covered by Section 292 of the Indian Penal Code which defines the term 'obscene' and provides for punishment for distributing any such object. Section 292 (1) defines 'obscene' as "a book, pamphlet, paper, writing, drawing, painting, representation, figure or any other object, shall be deemed to be obscene if it is lascivious or appeals to the prurient interest".
Selling sex toys is a punishable offence, entailing a maximum punishment of two years for the first conviction, and five years in case of repeat offenders. Even buyers of such products can be prosecuted.

Since you have received notice, you may give a reply to it accordingly.
You have not given the contents of the notice served on you to render you proper suggestion or opinion to give a reply to the notice.
T Kalaiselvan
Advocate, Vellore
14177 Answers
128 Consultations
5.0 on 5.0
Laws in India are unclear about the sale of sex toys. In most cases, the concern is related to the ways these products are sold, showing suggestive pictures and graphic descriptions. According to Indian laws, whoever sells, allows to hire, distributes, publicly exhibits, makes, or has in his possession any obscene book, pamphlet, paper, drawing, painting, or figure or any other obscene object whatsoever, or advertises, or makes known by any means whatsoever that any such obscene object can be procured from or through any person, is punishable under section 292 IPC with imprisonment and fine.

you should appear before the court and plea for compounding of this offence under section 360 of crpc. it is private offence and court has power to impose only fine in such offences. 
Shivendra Pratap Singh
Advocate, Lucknow
2798 Answers
41 Consultations
4.9 on 5.0

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