One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.
Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.
Rohan Verma, a 26-year-old independent game developer based in Indore, had been quietly building browser-based adult games for nearly a year. He hosted them on international adult gaming platforms, kept the base games free to play, and ran a Patreon page for premium content and exclusive updates. For months, everything seemed fine. Then, around mid-February 2025, his payment processor flagged his account, his bank sent him a query about recurring foreign remittances, and he received an informal notice from a cybercrime cell in his city asking him to explain the nature of his online income and content.
Rohan had initially approached a general civil litigation advocate in Indore, who advised him to simply stop publishing and hope the matter died down. That advice, understandably, resolved nothing. His Patreon income had already been credited to his Indian bank account across several transactions. The cybercrime cell's query remained unanswered. He then reached out to Advocate Sudhir Rao, who handles matters at the intersection of digital content law, IT Act provisions, and criminal exposure under the Bharatiya Nyaya Sanhita.
The approach shifted immediately. A carefully drafted response was submitted to the cybercrime cell explaining the lawful nature of the content under applicable age-restriction frameworks, the absence of any material involving minors, and the proper characterisation of foreign remittances under FEMA and Income Tax provisions. Simultaneously, Rohan was guided on prospective compliance steps. The cybercrime cell closed its inquiry. His bank query was resolved with proper ITR disclosure documentation. Rohan continued his work, now within a clearly understood legal framework. Early specialised intervention made a material difference here.
Advice in Such Cases
Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation to come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.
Don't assume obscurity protects you. The logic that "there are thousands of such creators, no one will find me" isn't a legal defence. Authorities can and do act on complaints, algorithmic flags, or banking alerts. Relying on staying under the radar as your primary strategy is not a plan — it's wishful thinking.
Declare foreign income correctly: Patreon income received in an Indian bank account is taxable in India. Failure to declare it in your ITR can attract scrutiny under the Income Tax Act, 1961, independently of any content-related issue. Get your CA and your advocate aligned on this from the start. Frankly, the tax exposure alone is enough to create serious trouble, even if the content itself passes muster.
Proactive compliance is far cheaper than reactive defence: This category of case sits at the intersection of IT law, criminal law, and tax law. A general practitioner may not be fully familiar with how these three domains interact. Advocates who regularly handle digital content and cybercrime matters understand the procedural and evidentiary nuances that can determine whether a matter escalates or gets resolved quietly.
Applicable Sections of Law
The following provisions are directly relevant to individuals in India who publish adult content online, whether on domestic or foreign platforms:
- Section 294 BNS (Bharatiya Nyaya Sanhita), 2023: Criminalises sale, distribution, or public display of obscene material. This is the primary provision applicable to online adult content published or accessible in India.
- Section 67 of the Information Technology Act, 2000: Punishes publishing or transmitting obscene material in electronic form. This is the most commonly invoked provision in digital adult content cases.
- Section 67A of the IT Act, 2000: Specifically addresses publishing sexually explicit content in electronic form, carrying enhanced punishment compared to Section 67.
- Section 67B of the IT Act, 2000: Criminalises any content depicting minors in a sexually explicit manner — even fictional depictions are prosecuted under this provision. This applies regardless of whether the creator claims the characters are adults.
- Section 292 of the IT Act read with Section 69A: Empowers the government to block online content, including games, hosted on foreign platforms but accessible to Indian users.
Punishment and Penalties
- Section 294 BNS: Imprisonment up to three months, or fine, or both.
- Section 67 IT Act: First conviction: imprisonment up to three years and fine up to Rs. 5 lakh. Subsequent conviction: imprisonment up to five years and fine up to Rs. 10 lakh.
- Section 67A IT Act: First conviction: imprisonment up to five years and fine up to Rs. 10 lakh. Subsequent conviction: imprisonment up to seven years and fine up to Rs. 10 lakh.
- Section 67B IT Act: Imprisonment up to five years and fine up to Rs. 10 lakh (first offence); up to seven years and fine up to Rs. 10 lakh (subsequent offence).
- Cognizability and bail: Offences under Sections 67 and 67A IT Act are cognizable and bailable. Section 67B is cognizable and non-bailable.
Jurisdiction — Where to File the Case
Cases involving online obscenity and digital adult content are typically investigated by the Cybercrime Police Station having territorial jurisdiction over the location where the content was created or uploaded, or where the complainant resides. Under BNSS, cybercrime offences can also be investigated by the cybercrime unit of the district police. For prosecution, the matter is tried before the Chief Judicial Magistrate or Judicial Magistrate First Class of the relevant district. And here's the thing — because the content is hosted on servers abroad but accessible in India, Indian courts have claimed jurisdiction consistently, as affirmed in Shreya Singhal v. Union of India, 2015.
What if Police Refuse to File FIR?
If you are a complainant in a related matter and police decline to register an FIR, the following steps apply:
- Submit a written complaint to the Superintendent of Police under Section 173(4) BNSS, requesting registration.
- If the SP does not act within a reasonable time, file a private complaint directly before the concerned Magistrate under Section 175(3) BNSS.
- File a writ petition before the jurisdictional High Court under Article 226 of the Constitution if fundamental rights are implicated or there is a clear dereliction of statutory duty.
- Document every refusal in writing — verbal refusals should be followed up with a written application to create a record.
Rights of the Accused
If you're the subject of an investigation or arrest in a matter of this nature, these rights apply without exception:
- Right against self-incrimination: Under Article 20(3) of the Constitution, you cannot be compelled to be a witness against yourself. You are not required to answer police questions that may incriminate you.
- Right to legal representation: Article 22 guarantees the right to consult and be defended by a lawyer of your choice from the moment of arrest.
- Right to be produced before a Magistrate within 24 hours: Mandated under Article 22(2) and Section 58 BNSS.
- Right to copy of FIR: You are entitled to a free copy of the FIR under Section 173(2) BNSS.
- Right to know grounds of arrest: The arresting officer must communicate grounds of arrest as required by Article 22(1).
Bail Provisions
Offences under Sections 67 and 67A IT Act are bailable, meaning you can apply for bail at the police station itself. Now, before you act on that — don't show up alone. Section 67B, involving minors, is non-bailable, requiring a bail application before the Magistrate. Anticipatory bail under Section 482 BNSS should be applied for as a priority if arrest is anticipated, particularly in cases where cybercrime units have issued informal notices. Regular bail, once arrested, is governed by Section 480 BNSS for bailable offences and Section 483 BNSS for non-bailable offences. Bail conditions typically include surrender of passport, periodic reporting, and a bar on creating similar content during the pendency of proceedings.
Quashing of FIR / Case
Make no mistake — quashing requires meticulous preparation of the record and is not a routine remedy. But where an FIR has been registered and the content in question does not, on a plain reading, constitute an offence — for example, where all characters are clearly adults, age-verification mechanisms are in place, and content is not accessible through Indian-facing portals — quashing under Section 528 BNSS before the High Court is a viable strategy. The Supreme Court in State of Haryana v. Bhajan Lal, 1992 laid down the categories where quashing is appropriate, including cases where the allegations, even if taken at face value, do not disclose any cognizable offence.
If You Are the Victim
Your game content got stolen. Someone re-uploaded it, claimed authorship, or is impersonating you as the creator. Here's what you do:
- File a complaint at the cybercrime portal (cybercrime.gov.in) with screenshots, URLs, and evidence of original authorship.
- Issue a DMCA takedown or platform-specific infringement notice to the hosting website immediately.
- Retain a lawyer to send a formal legal notice to identified infringers under the Copyright Act, 1957.
- Approach the local cybercrime police station with a written complaint and digital evidence properly preserved.
- If the infringer is identified and is in India, pursue civil remedies including an injunction under Order 39 Rule 1 CPC before the appropriate civil court.
Documents You Must Keep Ready
- Aadhaar card and PAN card (identity and tax linkage)
- Bank account statements showing Patreon or foreign remittance credits
- ITR filings for all relevant years showing declared income
- Platform account registration details and terms of service agreements
- Screenshots or recordings confirming age-gate / 18+ warning at game entry
- Documentation confirming all characters are depicted as adults (design notes, game scripts, developer logs)
- FEMA-compliant inward remittance certificates from your bank (FIRC — Foreign Inward Remittance Certificate)
- Any correspondence with cybercrime authorities, banks, or income tax department
What Evidence Is Required?
- Digital evidence of content: Preserved screenshots, game files, and platform URLs showing the nature of the content at the relevant time.
- Age-verification and warning implementation: Evidence that an 18+ gate was in place before content access — server logs, page archives, or Wayback Machine captures.
- Character design documentation: Internal design records, story bibles, or written notes establishing that all characters are adult characters.
- Platform hosting terms: Terms of service of the hosting platform confirming they are not Indian-registered entities and operate adult content sections lawfully.
- Income records: Patreon payout statements, bank FIRC documents, and ITR acknowledgements as primary financial evidence.
- Absence of Indian user targeting: Evidence that the game was not specifically marketed to Indian audiences through Indian social media handles or Indian-language promotional material.
How the Police Behave in Such Cases
Cybercrime units tend to act on complaints or banking-flagged transactions rather than independently monitoring every adult content platform. When they do act, initial contact is usually through an informal notice or summons rather than direct arrest, particularly where no minor-related content is alleged. But don't mistake that informality for low seriousness. Statements given without legal counsel at this stage can significantly damage your position later. Officers may also request device access and account credentials — you're not obligated to surrender these without a lawful order. And here's what most creators get wrong: they assume showing up and "explaining themselves" will make it go away. It rarely does. Having an advocate respond formally on your behalf from the outset changes the dynamic considerably.
Timeline of Legal Process
- Informal notice / summons from cybercrime cell: Days 1–15 — respond through counsel, do not appear alone
- FIR registration (if case proceeds): Weeks 2–6 from initial complaint
- Investigation and device/account examination: 2–6 months
- Chargesheet filing: Typically within 60–90 days of arrest under BNSS timelines
- Cognizance by Magistrate: 1–3 months after chargesheet
- Framing of charges: 3–6 months after cognizance
- Trial (evidence and arguments): 1–3 years depending on court load
- Judgment: After completion of trial
- Appeal, if required: Sessions Court, then High Court, then Supreme Court
How Long Will the Investigation Take?
In cybercrime matters involving adult content, investigations typically run between two and six months. If the matter involves foreign servers, requests for data from overseas platforms through mutual legal assistance channels can extend this to twelve months or beyond. Where no arrest is made and the matter stays at the inquiry stage, timelines are less predictable — some matters are closed in weeks, others drag on quietly for over a year. The honest answer is that it depends on how seriously the cybercrime unit treats