Sex Chat and its Legal Implications in India
The word “Sexting” has gained prominence with the advent of internet and various platforms wherein people are regularly sharing photographs and videos mobile whatsapp or other forms of public online platforms. It has become a common practice amongst not only teenagers but also adults. There are various websites that promote online sexual chats etc and also many of them store photographs and share them online . If two individuals share such sexting messages that may be considered private and may also be considered non offensive but not when pornographic images are shared of oneself through any of the online mediums.
Sex chat is a crime or not
Most important point to remember is never engage in sex chats with minor , this would definitely constitute a crime which can also be referred to as child exploitation. If any sex chat is sent to a person without consent it will definitely amount to harassment. Therefore consent is most important .
Legality of Sexting in India
There are various provisions under Infomation Technology Act of 2000 mainly Section 66E, 67, 67A and 67B and the Protection of Children from Sexual Offences (POCSO) Act, of 2012 which deal with such offences . POCSO is mainly related to child pornography.
Why one should not engage in sexting
Although the word “Sexting” has not been defined under any law howsoever if pornographic images are transmitted online thorough various online platforms that would certainly attract provisions of law which are punishable. Consequences of Sexting can be serious at times depending upon the facts . There are ways to handle if issues arise out of sexting and can be dealt with in accordance with law.
Conlusion for Sex Chat or Sexting and its Legal Implications in India
One of the famous cases related to such offences is the Osbourne Case . Osbourne vs. Ohio (495 US 103), 1990. The Hon’ble Supreme Court in the case of Justice Puttaswamy v. Union of India, has held that sexual acts which are consensual fall within the purview of the Right to privacy under Article 21 of the Constitution of India.