Sexting is the act of sending sexually explicit messages, photos, or videos via digital technology, such as a smartphone, computer, or tablet. It has become increasingly popular among teenagers and young adults, but is it punishable in India?
The answer is not straightforward. Sexting is not defined or addressed by any law in India. However, sharing private pictures, messages or videos especially of those under 18 either belonging to you or others with/without permission is a serious violation of privacy, and can amount to sexual harassment. This is punishable by law.
The Indian Penal Code (IPC) has several provisions that deal with sexual offences. Section 354C of the IPC deals with voyeurism, which is defined as the act of capturing images of a person without their consent. This includes capturing images of a person in a private place without their consent. If found guilty, the offender can be punished with imprisonment for a term which may extend to three years and with fine.
Section 67 of the Information Technology Act, 2000, deals with the publishing or transmitting of material containing sexually explicit act or conduct in electronic form. If found guilty, the offender can be punished with imprisonment for a term which may extend to five years and with fine.
In addition, Section 67A of the Information Technology Act, 2000, deals with the publishing or transmitting of material depicting children in sexually explicit act or conduct in electronic form. If found guilty, the offender can be punished with imprisonment for a term which may extend to five years and with fine.
The Protection of Children from Sexual Offences (POCSO) Act, 2012, also provides for punishment for sexting. Section 14 of the Act deals with the use of children for pornographic purposes. If found guilty, the offender can be punished with imprisonment for a term which may extend to five years and with fine.
In conclusion, while sexting is not defined or addressed by any law in India, it is important to note that sharing private pictures, messages or videos especially of those under 18 either belonging to you or others with/without permission is a serious violation of privacy, and can amount to sexual harassment. This is punishable by law. Therefore, it is important to be aware of the laws and take precautions before engaging in sexting.
