Introduction

The Indian digital ecosystem is growing at an unprecedented pace. However, with increased content generation comes greater legal scrutiny, especially regarding obscenity, indecent representation, and child protection laws.

Recently, the Supreme Court of India restrained a popular podcaster’s digital shows over alleged obscenity charges. This incident has once again brought attention to the stringent legal framework governing online content in India.

In this blog, we explore:

• What constitutes “obscenity” under Indian laws.
• Relevant Acts and updated legal provisions.
• Detailed remedies if charged.
• Landmark cases and latest judicial trends.

1. Understanding “Obscenity” in Indian Law

1.1. Meaning of Obscenity

The term ‘obscenity’ is not precisely defined but is understood in judicial interpretation.

In Aveek Sarkar v. State of West Bengal (2014) 4 SCC 257, the Supreme Court clarified:

“Obscenity must be judged from the point of view of an average person, applying contemporary community standards.”

Thus, whether content is obscene depends on:

• Community standards
• Purpose and context
• Tendency to deprave, corrupt, or excite lustful thoughts

2. Applicable Laws on Digital Obscenity (Post-2024)

2.1. Bharatiya Nyaya Sanhita, 2023 (BNS)

(Replacing IPC from 1st July 2024)

Bare Act Provision:

Section 292 BNS: “Sale, hire, distribution, public exhibition, circulation, import, export, or advertisement of obscene books, pamphlets, papers, drawings, paintings, representations, figures, or any other obscene object shall be punishable.”

Explanation: “Obscenity” includes anything which:

• Tends to deprave and corrupt persons likely to read, see, or hear the matter contained.
• Appeals to prurient interest.

In-depth Explanation:

• Publishing, transmitting, or even possessing obscene material intending to circulate is a punishable offense.
• Online streaming platforms, YouTube channels, podcasters, bloggers — all fall under this section if content is found obscene.

Punishments:

Offense

Punishment

First Conviction

Up to 2 years imprisonment and/or fine.

Subsequent Conviction

Up to 5 years imprisonment and fine.

Example:

• A web series showing sexually explicit scenes without proper age-gating or censoring can attract charges under Section 292.

2.2. Information Technology Act, 2000 (Amended 2024)

Bare Act Provision:

Section 67 IT Act: “Whoever publishes or transmits or causes to be published or transmitted in the electronic form, any material which is lascivious or appeals to the prurient interest, or if its effect is such as to tend to deprave and corrupt persons…”

In-depth Explanation:

• The scope is specifically digital — including websites, social media, emails, apps, etc.
• Even forwarding obscene material knowingly is punishable.

Punishments:

Offense

Punishment

First Conviction

Up to 3 years imprisonment and fine up to ₹5 lakh.

Subsequent Conviction

Up to 5 years imprisonment and fine up to ₹10 lakh.

Example:

• A WhatsApp group admin allowing explicit materials without any action can be held liable under Section 67.

2.3 The Indecent Representation of Women (Prohibition) Act, 1986

Bare Act Provision:

Section 3: “No person shall publish, or cause to be published, or arrange or take part in the publication or exhibition or any advertisement which contains indecent representation of women in any form.”

Section 4: “No person shall produce, sell, let to hire, distribute, circulate or send by post any book, pamphlet, paper, slide, film, writing, drawing, painting, photograph or representation containing indecent representation of women in any form.”

Definition under Section 2(c): “Indecent representation of women” means the depiction in any manner of the figure of a woman, her form or body or any part thereof in such a way as to have the effect of being indecent, or derogatory to, or denigrating women, or is likely to deprave, corrupt or injure public morality.”

In-depth Explanation:

• This Act prohibits the publication, exhibition, production, sale, distribution of any content that portrays women in an indecent or degrading manner.
• It is applicable across print, cinema, advertisements, and now digital content, though originally framed in the pre-digital era.
• The law aims to preserve the dignity of women and protect them from vulgar, objectifying, or sexualized depictions.

Penalties:

• For the first conviction: imprisonment up to two years and fine up to ₹2,000.
• For subsequent convictions: imprisonment up to five years and fine up to ₹5,000.

Practical Application in Digital Era:

Although the Act did not originally include digital media, by interpretative extension and through combined reading with the Information Technology Act, 2000, online publishers are now also held accountable.

Example:

• An online advertisement showing women in a sexually suggestive posture for marketing a non-related product (e.g., car, watch) may attract action under this Act.
• Social media posts, influencer marketing campaigns, digital posters can be examined for ‘indecent representation.’

Recent Developments:

• The Ministry of Women and Child Development proposed amendments in 2023–24 to explicitly extend this Act to digital platforms, and substantially increase fines and jail terms.
• Draft amendments await Parliamentary approval as of April 2025.

2.4 The Protection of Children from Sexual Offences Act, 2012 (POCSO Act)

Bare Act Provision:

Section 11: “Whoever, intending to or knowing it to be likely that he will thereby cause sexual harassment to a child, —  (a) utters any word or makes any sound, or makes any gesture or exhibits any object or part of body with the intention that such word, sound, gesture or object or part of body shall be heard or seen by the child; (b) makes a child exhibit his body or any part of his body so as it is seen by such person or any other person; © shows any object to a child in any form or media for pornographic purposes; or (d) repeatedly or constantly follows or contacts the child either directly or through electronic, digital or any other means;…”

Section 13: “Whoever uses a child in any form of media (including program or advertisement, telecasting, distribution, display) for sexual gratification is said to commit the offence of using a child for pornographic purposes.”

In-depth Explanation:

• Section 11 criminalizes any act that amounts to sexual harassment against a minor, even through indirect means like words, sounds, gestures, showing objects.
• Section 13 directly attacks the problem of child pornography, making it an offense to involve children in any sexualized visual representation.
• The law covers online transmission, hosting, distribution, and even viewing or downloading illegal content involving minors.

Penalties:

OffensePunishmentSexual harassment (Section 11)Up to three years imprisonment and fine.Use of child for pornography (Section 13)Rigorous imprisonment from five years to seven years, extendable for aggravated forms.

Practical Application:

• Watching, forwarding, downloading, or possessing videos, images, or animations involving sexual acts with minors is a punishable offense even if privately stored.
• Platforms failing to remove/report such content also face criminal liability under POCSO and IT Act.

Example:

• A WhatsApp group sharing child exploitative memes or videos would invoke Section 13 POCSO.
• A minor’s morphed photograph shared on Instagram, if sexualized, can lead to action under POCSO Section 11 and Section 67B IT Act simultaneously.

Landmark Cases:

• Re: Prajwala Case (2015–2019): SC directed proactive monitoring of online child sexual abuse material and empowered the CBI to investigate international rackets.
• Supreme Court’s Order (2024): Mandated major OTT platforms to adopt AI tools to detect and remove child sexual abuse content within 24 hours.

3. Landmark Cases and Precedents

3.1. Aveek Sarkar v. State of West Bengal (2014)

• Held that community standards and intended message must be considered.
• Nude images can be non-obscene if intended to convey social messages (e.g., artistic photography).

3.2. Shreya Singhal v. Union of India (2015)

• Struck down Section 66A IT Act but emphasized that obscenity, defamation, and incitement will remain punishable.
• Freedom of speech under Article 19(1)(a) is not absolute.

3.3. Recent 2024 SC Directive

• Instructed OTT platforms, YouTubers, Podcasters to maintain strict compliance with obscenity regulations.
• SC directed a pre-clearance mechanism for explicit digital shows to avoid mass obscenity proliferation.

4. Remedies If Someone is Charged

If a person faces an obscenity charge, immediate legal steps include:

4.1. Engaging Legal Counsel

• Hire a criminal lawyer specializing in cyber and media laws.

4.2. Filing for Anticipatory Bail

• If FIR lodged under BNS Section 292 or IT Act 67, file for anticipatory bail under Section 438 of CrPC (now Bharatiya Nagarik Suraksha Sanhita, 2023).

4.3. Challenging FIR/Proceedings

• Approach the High Court under Article 226 of the Constitution for quashing of FIR if content was:
• Not lascivious.
• Intended for public good.
• Artistic, educational, or journalistic.

4.4. Compliance Corrections

• Immediate takedown of the content flagged as obscene.
• Issuing public clarifications if required.

5. How Content Creators Can Avoid Obscenity Charges

• Age Verification for explicit content.
• Parental Controls on apps.
• Trigger Warnings before controversial topics.
• Editorial Standards and Policies aligned with Indian laws.
• Consulting lawyers for legal vetting of sensitive shows.

🔥 Conclusion

With the evolving digital landscape, the boundaries of free expression and legal responsibility are tightening. Content creators, publishers, and even viewers must tread carefully, understanding the fine balance between creativity and compliance.

Laws like BNS 2023, IT Act 2000, POCSO 2012, and Indecent Representation Act now actively regulate the Indian digital space.

💬 If you are facing or anticipating any legal issue regarding online content, consult expert legal advisors immediately to safeguard your rights and interests.

✍️ Authored By:

ProLegalMinds — Legal Solutions for the Digital Era 🌐 Website: prolegalminds.com 📞 Call: +91 94940 51717 📱 WhatsApp: +91 94940 51717 🔗 LinkedIn: ProLegalMinds LinkedIn