If you are stuck in such a situation, here is what to do.

Mr. Alok, a resident of Anandpur, is a professional artist specializing in hyper-realistic sculptures. For his latest project, he requires a high-quality silicon foot model for anatomical reference. He has found several international websites that sell such items, but he is concerned about the legalities of importing them into India. He worries that customs might seize the package or that he could face legal trouble. He also noticed a few sellers on Indian social media platforms offering similar products but is unsure of their legitimacy and the potential legal risks involved in such a purchase. The core of his dilemma is whether purchasing such an item, for personal or professional use, is permitted under Indian law or if it is considered a banned or obscene product.

Advice in such cases

Navigating the purchase of items that exist in a legal grey area, such as realistic anatomical models or adult novelties, requires caution. The term “obscene” is not rigidly defined in Indian law and is open to interpretation by law enforcement and the judiciary.

• Assess the Product’s Portrayal: How the product is advertised is crucial. If it is marketed for artistic, educational, or medical purposes, the legal standing is stronger. If it is marketed explicitly for sexual purposes, it is more likely to fall under the scanner of obscenity laws.
• Verify the Seller: Purchase from reputable and established sellers who provide clear invoices and product descriptions. Avoid anonymous sellers on social media or unverified websites.
• Understand Import Risks: Importing goods adds another layer of scrutiny from the Customs department. The Customs Act, 1962, gives officials the authority to inspect and seize goods they deem indecent or obscene.
• 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 of 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.

Applicable Sections of Law

Several laws can be invoked in cases involving the sale or possession of items deemed obscene.

• Bharatiya Nyaya Sanhita (BNS), 2023: The BNS contains provisions against obscenity, which replace the earlier sections of the Indian Penal Code. These laws criminalize the sale, distribution, public exhibition, and import/export of obscene objects. The interpretation of what is “obscene” is based on contemporary community standards and whether the item tends to deprave and corrupt minds.
• Information Technology Act, 2000: Section 67 and 67A of the IT Act are highly relevant for online purchases. These sections deal with the punishment for publishing or transmitting obscene or sexually explicit material in electronic form. An online advertisement or sale of such an item could attract penalties under this Act.
• Customs Act, 1962: Section 11 of this Act empowers the central government to prohibit the import or export of certain goods. This includes items that are considered indecent or obscene, giving customs officials the power to confiscate such packages upon arrival in India.

If you are the complainant

You might find yourself in a position to file a complaint if, for instance, you ordered a benign product online but received an obscene item, or if you discover someone is selling such items to minors or in a way that is publicly offensive.

• Preserve Evidence: Keep screenshots of the website or social media page, payment receipts, communication with the seller, and the packaging and item itself.
• File a Complaint: You can file a complaint at the National Cyber Crime Reporting Portal (cybercrime.gov.in) or at your local police station. Provide all the evidence you have collected.
• 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 of 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.

If you are the victim

You could be considered a victim in two primary scenarios: you were scammed by a fraudulent seller who took your money and sent nothing, or you are the buyer who is now facing legal action from the police or customs for purchasing the item.

• Do Not Panic: If contacted by the authorities, remain calm. You have the right to remain silent and the right to legal representation.
• Secure Legal Counsel Immediately: Do not make any statements or sign any documents without consulting a lawyer. Your lawyer will advise you on the best course of action.
• Gather Your Proof: Collect all documents related to the purchase, including advertisements that show the item was for a legitimate purpose (like artistic reference), your payment details, and any communication that establishes your intent.
• 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 of 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.

How the police behave in such cases

The police response can vary based on the specifics of the case. If a complaint is filed, they will likely register a First Information Report (FIR) under the relevant sections of the BNS and/or the IT Act. The investigation will focus on the seller, the buyer, and the nature of the transaction. If the item was imported, the Customs department would first intercept it and may then refer the matter to the police. The police will investigate the intent behind the purchase—was it for personal use, artistic reference, or for commercial distribution? Your electronic devices might be seized for forensic analysis. The process is guided by the procedures laid out in the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.

FAQs people normally have

What evidence is required?

Evidence is key for both the prosecution and the defense. For the person who purchased the item, crucial evidence includes the product advertisement, the invoice or receipt, bank transaction details, and any communication with the seller that clarifies the intended use of the product (e.g., for art). For the prosecution, the primary evidence is the item itself, along with expert testimony on whether it qualifies as obscene, and evidence proving its sale or import by the accused.

How long will the investigation take?

The duration of an investigation can vary significantly. While the Bharatiya Nagarik Suraksha Sanhita (BNSS) provides timelines for investigations, practical delays are common. A simple case might be resolved in a few months, but complex cases, especially those involving digital evidence, forensic analysis, or interstate/international sellers, can take a year or even longer to proceed to the chargesheet stage.

Advocate Sudhir Rao, Supreme Court of India