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

Mr. Rohan Mehra, a resident of the city of Chandpur, found himself pondering the legalities of the digital age. He was interested in subscribing to an international online platform, “CelebSphere,” which allows users to pay for exclusive content from creators. His intention was solely for personal viewing; he had no plans to download, share, or redistribute any of the material. However, given the nature of some content on such platforms, he was concerned about whether paying for and watching it would land him in legal trouble in India. This uncertainty about the law led him to seek clarity on the matter.

Advice in such cases

The legality of consuming adult content in India is nuanced. The law primarily penalizes the publication, transmission, and distribution of obscene material, rather than private consumption. However, the lines can be blurry in the digital world.

• Understand the Law: Familiarize yourself with the Information Technology Act, 2000, which is the primary legislation governing online content.
• Distinguish Between Content Types: Be aware that any content involving child sexual abuse material is strictly illegal to view, possess, or distribute, and carries severe penalties.
• Avoid Distribution: Refrain from downloading, sharing, or publicly exhibiting any explicit material. The act of subscribing for personal viewing is different from distributing it.
• Use Secure Payment Methods: While not a legal safeguard, using secure and legitimate payment channels is advisable. Be aware that all digital transactions are traceable.

Applicable Sections of Law

The legal framework in India primarily addresses the creation and distribution of obscene content, rather than private consumption. The key laws include:

• Section 67 of the Information Technology Act, 2000: This section penalizes the publishing or transmitting of obscene material in electronic form. The punishment can be imprisonment for up to three years and a fine.
• Section 67A of the Information Technology Act, 2000: This deals with the publishing or transmitting of material containing sexually explicit acts in electronic form. It carries a harsher punishment of imprisonment for up to five years and a fine.
• Section 67B of the Information Technology Act, 2000: This section deals with child sexual abuse material and is extremely strict. It criminalizes creating, transmitting, browsing, downloading, and storing such content.
• Bharatiya Nyaya Sanhita (BNS): The BNS, which replaces the Indian Penal Code, also contains provisions against obscenity, particularly acts done in public. However, for electronic content, the IT Act is the more specific and relevant statute.

If you are the complainant

If you need to file a complaint, for instance, if your content is being used without consent on such a platform, or if you come across illegal content, you should take the following steps:

• Gather Evidence: Collect all possible evidence, such as URLs, screenshots of the offending content, transaction details (if any), and any communication with the platform or the user.
• File a Complaint: You can file a complaint at the nearest cyber police station or through the National Cyber Crime Reporting Portal (www.cybercrime.gov.in).
• 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

If your private images or videos have been uploaded to a content subscription platform without your permission, you are a victim of a serious crime. Here is what you should do immediately:

• Do Not Panic: Your safety and well-being are the priority. Reach out to a trusted friend or family member for support.
• Secure Evidence: Take screenshots of your content on the platform, the URL, and the profile of the user who uploaded it. Do this before you report it, as the content might be taken down.
• Report to the Platform: Most legitimate platforms have a reporting mechanism for non-consensual content. Use it to get the content removed immediately.
• File a Police Complaint: Go to your nearest cyber police station and file a First Information Report (FIR). This is a crucial step for legal action against the perpetrator.
• 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

Police action is typically initiated based on a complaint. They are unlikely to proactively track individual subscribers of adult content platforms. Their focus is generally on:

• Creators and distributors of obscene material.
• Cases involving non-consensual intimate imagery (NCII).
• Cases involving child sexual abuse material (CSAM), which are investigated with the highest priority.

When a complaint is filed, the cyber police will register an FIR and begin an investigation, which may involve tracing IP addresses, contacting the platform for user data, and analyzing financial transactions, as per the procedure established under the Bharatiya Nagarik Suraksha Sanhita (BNSS).

FAQs people normally have

Is it illegal to watch adult films in private in India?
Watching adult content in the privacy of your home is not explicitly illegal. The law criminalizes the sale, distribution, public exhibition, and transmission of obscene material.

Can I be arrested just for having a subscription to a platform like CelebSphere?
It is highly unlikely. Legal action is focused on those who create, publish, or distribute obscene or illegal content, not on passive consumers. However, if the subscription is for content that is illegal by its very nature (e.g., child pornography), then possession and access are serious crimes.

Are my payment details safe and can they be traced?
All digital transactions, whether by credit card, UPI, or other online wallets, are traceable by law enforcement agencies if required during an investigation.

What evidence is required?

For a complainant or victim, the following evidence is crucial:

• The URL of the webpage where the content is hosted.
• Screenshots or screen recordings of the content.
• The profile details of the uploader.
• Any communication records with the perpetrator.
• Transaction records if any payment was involved.

For law enforcement investigating a subscriber, evidence would include IP logs from the platform, and bank or payment gateway statements showing the transaction for the subscription.

How long will the investigation take?

The duration of a cybercrime investigation varies greatly. It can depend on several factors:

• The cooperation of the online platform, especially if it is based overseas.
• The complexity of tracing the digital footprint of the accused.
• The backlog of cases with the cyber police.

Simple cases might be resolved in a few months, while more complex ones involving international jurisdictions can take significantly longer.

Advocate Sudhir Rao, Supreme Court of India