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.
TL;DR: Consensual adult video chat between adults, without recording or sharing, is unlikely to attract criminal prosecution under Indian law. However, buying in-app coins for such services does not constitute prostitution. The real risk lies in scams and extortion. If no minor was involved and no content was recorded or distributed, police action is extremely improbable. But be aware—any obscene material shared online could still fall under the BNS.
A young professional in Pune, whom we'll call Arjun Mehta, found himself in a panic. He'd downloaded a few adult video chat apps from Google Play. During the calls, both he and the strangers on the other end engaged in consensual mutual flashing and adult acts. He even bought in-app coins via Google Pay and UPI to extend the call time. No screenshots. No recordings. No coercion.
But then anxiety hit. Could this be a cybercrime? Were those coins funding something illegal? He deleted everything—apps, accounts, the lot. Still, the fear lingered that police might show up at his door in Andheri West. So he approached the Chamber of Advocate Sudhir Rao.
His earlier research online had been contradictory and terrifying. Scam warnings and vague legal threats were everywhere. Advocate Sudhir Rao and his office examined the facts. They argued that without a complaint, without recorded content, and without any involvement of a minor, there was no cognizable offence made out. The specialised handling—recognising that mere mutual adult conduct on a private video call is not inherently criminal under current Indian statutes—helped secure clarity for the client. The matter was resolved without any police action. Here's the breakdown.
Key Facts of the Case
- The client downloaded adult video chat apps from Google Play and engaged in mutual, consensual acts with strangers.
- No minor was involved at any stage—all participants appeared to be adults.
- The client did not record, screenshot, or distribute any content from the chats.
- The client purchased in-app coins/tokens via Google Pay and UPI to extend the chat time.
- The apps and accounts were deleted before any complaint was filed.
- No complaint, FIR, or police notice was received by the client.
- The office of Advocate Sudhir Rao advised that without distribution or a minor involved, prosecution is unlikely but possible under BNS for obscenity.
The Direct Legal Answer
Can this be considered a cybercrime like distributing obscene material?
Under the Bharatiya Nyaya Sanhita, 2023, mere mutual adult conduct in a private setting is not automatically a crime. However, Section 296 BNS deals with obscenity—including electronic transmission of obscene material. If the act involves sending or displaying obscene content via a computer resource, it could be pulled under this section. But here's the nuance: if you did not record, share, or distribute the content, and the other party was a consenting adult, you have strong defences. The police rarely investigate such matters without a specific complaint—especially without recordings.
Is buying coins considered prostitution or a financial crime?
No. Prostitution under Indian law typically involves sexual activity in exchange for payment, with elements of exploitation or trafficking. Buying virtual tokens for a private adult chat with another consenting adult is not prostitution. It's a transaction for a service—much like paying for a streaming subscription. Your UPI transaction to an app developer does not automatically become a financial crime. Banks do not flag such payments unless they appear in suspicious transaction reports tied to known illegal operations. Paying for time on an adult app, without more, is not a crime.
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.
Stop Googling. The internet is full of contradictory and alarming information. A single consultation will tell you whether you even have a real problem. Do not contact the other party—ever. If a scammer tries to blackmail you using screenshots or call logs, file a complaint at your local cybercrime police station immediately. And never record or save such content—possession alone is an offence under BNS.
Applicable Sections of Law
Section 296 of the Bharatiya Nyaya Sanhita, 2023 deals with obscenity in electronic form. Section 297 BNS addresses the publication of obscene material with specific intent. Under the Information Technology Act, 2000, Section 67 covers publishing obscene material electronically, while Section 67B specifically targets child pornography—which is irrelevant here if no minor was involved. The core legal question is whether consenting adult conduct, without recording or distribution, falls under obscenity. Most courts have held that private, consensual acts between adults, not intended for public view, do not constitute obscenity under Section 296 BNS.
Punishment and Penalties
For an offence under Section 296 BNS, the punishment is imprisonment of up to three years and/or a fine of up to five lakh rupees on first conviction. For a subsequent conviction, it extends to seven years and a fine of up to ten lakh rupees. The offence is cognizable and bailable. It is compoundable only with the permission of the court, meaning the parties cannot simply settle it privately. Non-bailable status means arrest is not automatic, but police can investigate without a warrant.
Jurisdiction — Where to File the Case
If a complaint is filed, territorial jurisdiction lies where the app user was located, where the server is, or where the content was viewed. For criminal matters, the police station of the area where the user resides typically has jurisdiction. For civil matters, if a case arises, it would be in the district court where the plaintiff resides or where the incident occurred. Jurisdiction matters because filing in the wrong court wastes time and money—your lawyer will guide you to the correct forum.
What if Police Refuse to File FIR?
If police refuse to register an FIR for a cognizable offence, you can approach the Superintendent of Police under Section 173(4) of the Bharatiya Nagarik Suraksha Sanhita, 2023. If that fails, file a private complaint before the Judicial Magistrate under Section 175(3) BNSS. As a last resort, seek High Court writ jurisdiction for a mandamus directing police to register an FIR. Key steps:
- Visit the police station and demand a written acknowledgement of your complaint.
- If refused, approach the SP or DCP in writing with all evidence.
- File a private complaint under Section 175(3) BNSS before the Magistrate.
- Writ petition before the High Court only if lower remedies are exhausted.
Rights of the Accused
If police file a case against you, remember you have fundamental rights. Under Article 20(3), you cannot be compelled to be a witness against yourself. Article 22 guarantees the right to legal representation. You must be produced before a Magistrate within 24 hours of arrest. You are entitled to a copy of the FIR and to know the grounds of arrest. Specific rights include:
- Right to remain silent—do not speak to police without a lawyer.
- Right to an advocate of your choice under Section 35 BNSS.
- Right to free legal aid if you cannot afford a lawyer.
- Right to be informed of the charge immediately on arrest.
- Right to seek bail immediately after arrest.
Bail Provisions
Offences under Section 296 BNS are bailable. This means you can apply for bail before the Magistrate or Sessions Court. For regular bail, file an application under Section 483 BNSS. If you anticipate arrest, seek anticipatory bail under Section 482 BNSS—this is available even before an FIR is lodged. Typical bail conditions include a personal bond, surety, and a promise not to tamper with evidence. Bail strategy: apply as early as possible; the court will consider the nature of the offence, evidence, and your criminal history.
Quashing of FIR / Case
If a case is filed frivolously, you can move the High Court under Section 528 BNSS (inherent powers) to quash the FIR. Grounds for quashing include: no prima facie offence made out, the complaint is an abuse of process, or the matter has been compromised. In adult content cases, if the other party admits consent and no minor was involved, quashing is a viable option. It saves time, avoids trial, and prevents a criminal record. The High Court will hear both sides and decide quickly.
If You Are the Victim
- If someone records or shares your intimate video without consent, file a complaint under Section 296/297 BNS and Section 67 of IT Act.
- Approach the Cyber Crime Cell in your city—they have dedicated units for online exploitation.
- Do not delete evidence—save screenshots of the app, chat logs, and transaction details.
- Seek counselling—victims of online blackmail often experience severe trauma.
- Do not pay the blackmailer—it rarely ends after one payment.
Documents You Must Keep Ready
- Aadhaar card or any government-issued photo ID.
- Google Pay/UPI transaction receipts showing coin purchases.
- Screenshots of the app interface (if still available).
- Any emails or notifications from the app (Google Play receipts, etc.).
- Bank statements showing the payment transaction.
- Copy of any complaint filed (if applicable).
- List of timeline: dates you used the app, made purchases, and deleted it.
What Evidence Is Required?
- Primary evidence: screenshots of the app, chat logs, and transaction history.
- Secondary evidence: testimony of the accused (if relevant), or any communication with the other party.
- Forensic evidence: IP logs or server data from the app provider (rarely available).
- Documentary evidence: Google Play receipts, UPI transaction IDs.
- Oral evidence: your own statement, if you approach police voluntarily.
- Circumstantial evidence: no recordings, no distribution, no minor—this weakens any prosecution.
How the Police Behave in Such Cases
Police typically treat online adult chat cases with skepticism unless there is a complaint involving a minor or fraud. Without a complainant, they rarely initiate action. If a complaint is filed—say, by a jilted partner or a blackmail victim—the police may investigate but often lack resources for low-priority cases. They may call you for questioning but usually release you on a notice to appear. The key is to remain calm, not volunteer information without a lawyer, and cooperate within your rights.
Timeline of Legal Process
- FIR registration: within hours of a complaint being filed.
- Investigation: 2–6 months, depending on evidence availability.
- Chargesheet filing: within 60–90 days after arrest (or 180 days for serious offences).
- Cognizance by Magistrate: 1–2 months after chargesheet.
- Framing of charges: 2–3 months after cognizance.
- Trial: 6 months to 2 years (in practice, often longer).
- Judgment: after trial concludes.
- Appeal: 1–2 years at the Sessions Court or High Court.
How Long Will the Investigation Take?
For a case under Section 296 BNS, the investigation typically takes 2–4 months. If the accused is not arrested, police may file a closure report if no prima facie case exists. If arrested, the chargesheet must be filed within 90 days for offences punishable with up to 10 years imprisonment. Most such cases are concluded at the investigation stage itself when no substantive evidence surfaces.
Understanding the Costs
The total cost of a matter like this varies significantly from one case to the next — it depends on the complexity of the dispute, the forum involved, the number of hearings, and the specific facts of your situation. There is no single fixed figure that applies to everyone.
A professional advocate can give you an accurate estimate only after reviewing all your facts and documents in a consultation.
Can the Matter Be Settled Out of Court?
For offences under Section 296 BNS, the matter is compoundable only with the court's permission. This usually happens if both parties agree and the court is satisfied that no public interest is harmed. Mediation is rare in criminal cases but possible if the dispute is essentially private. For pre-litigation stages, parties can approach a Lok Adalat. Settlement before trial can lead to acquittal or discharge if the court finds it just. But never agree to a settlement without a lawyer, especially if you are the alleged victim—it may waive your right to pursue justice later.
Common Mistakes People Make
- Deleting evidence: never delete apps, accounts, or screenshots before consulting a lawyer. That data may prove your innocence.
- Posting about the incident on social media: this creates a public record that can be used against you.
- Contacting the other party directly: if it's a scammer, you are playing into their hands.
- Engaging a lawyer without relevant domain experience: online adult content cases involve specific IT Act and BNS nuances. A general practitioner may miss defences related to consent, lack of distribution, or the absence of a complainant. Domain-specific experience affects procedural strategy and evidentiary arguments.
- Paying the blackmailer: this rarely ends well and encourages further demands.
- Assuming mutual consent is always a defence: it is, but only if no minor is involved and the content was not recorded or shared. Even then, a court could view the act as obscenity under Section 296 BNS if it was transmitted electronically.
FAQs People Normally Have
Can the police track my UPI transaction to the adult app?
Technically, yes. Banks and payment gateways maintain transaction logs. But without a complaint, police rarely investigate random UPI transactions. If they do, the transaction itself—buying coins—is not illegal.
What if the other person was a minor?
That changes everything. Even if you believed they were an adult, if the other party was actually a minor, you could face charges under Section 297 BNS and the Protection of Children from Sexual Offences Act (POCSO). This is serious and requires immediate legal help.
Should I voluntarily go to the police?
No. Do not approach the police without a lawyer unless you are absolutely sure you are the victim. In most cases, silence is the best option.
Can this affect my job or reputation?
Only if an FIR becomes public. But police enquiries are not generally published. If you face blackmail, a lawyer can help you file a complaint without revealing your identity.
What should I do if I get a call from the police?
Stay calm. Confirm their identity. Say you will consult a lawyer and call them back. Do not answer questions without a lawyer present. DO NOT go to the police station alone.
This article is general legal information, not legal advice. Consult a qualified advocate about your specific situation.
Advocate Sudhir Rao, Supreme Court of India
Facing a similar matter? Speak to a Delhi criminal defence lawyer — Advocate Sudhir Rao appears in bail, trial and appellate matters before the Delhi District Courts, the Delhi High Court and the Supreme Court of India.