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Anamika Chatterjee   17 January 2022

Photography and publishing fully nudes

Hi, 

I wanted to know that, Is Photography and publishing fully nudes legal in india, i saw so meny girls even teenager girls published their nudes on internet and they used to say that Is their personal liberty.



 5 Replies

Shubham Bhardwaj (Advocate)     17 January 2022

Dear Ms Chatterji, 

The act mentioned by you in your query is illegal in India and is punishable under various provisions of IPC. Further even personal liberty is subject to restrictions by the State.

 

Regards

Shubham Bhardwaj (Advocate)

District & Session Court, Chandigarh

Punjab & Haryana High Court, at Chandigarh

 

Disclaimer:- Opinion is only for guidance. 

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     18 January 2022

Section 67 and 67A of the IT act prohibit the publication and distribution of obscene and s*xually explicit material respectively, while 67B forbids all publication, distribution, facilitation and consumption in any manner of child p*rnography. Section 66E of the same act deal with punishment for violation of privacy, and explicitly forbids capturing, publishing or transmitting ‘the image of a private area of any person without his or her consent’

Archana Pandey   18 January 2022

Already well explained the same i.e. Section 67 and 67A of the IT act prohibit the publication and distribution of obscene and s*xually explicit material respectively, while 67B forbids all publication, distribution, facilitation and consumption in any manner of child p*rnography. Section 66E of the same act deal with punishment for violation of privacy, and explicitly forbids capturing, publishing or transmitting ‘the image of a private area of any person without his or her consent’. Although hosting and transmitting such content is punishable by law. The IT Act (Amended) 2008, criminalizes browsing, downloading, creation and publishing child p*rnography. While there are arguments against putting restraint on publishing explicit intimate stuff as it transgresses the fundamental right of freedom and is a violation of Article 21 (right to personal liberty, Constitution of India).

Aryan Raj   19 January 2022

Dear queriest, 

The act mentioned by you in the query is strictly prohibited and can account to criminal offence in India.

Regards,

Aryan Raj 

Archana Pandey   19 January 2022

Conclusively in under Article 19, strictly clears that displaying a pictures which are embarrassing and violates a sense of insecurity are completely illegal and punishable in India.


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