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Legal Needs [This Network is not currently active and cannot accept new posts] | | Topics
Law & Sex ToysViews: 174
Jan 17, 2009 1:43 pm re: re: re: re: re: re: Law & Sex Toys

Ritu
Soeb, it would be a shame if those toys were actually destroyed...lagta hai toy toy per use karne waale ka naam likha hota hai...ok bad joke...now coming to the serious discussion at hand

'At this juncture of the discussion I would just like to enquire whether even possession of these items is a crime?'

~~Legally the sale of sex toys is covered by Section 292 of the Indian Penal Code which defines the term ‘obscene’ and provides for punishment for distributing any such object. Section 292 (1) defines ‘obscene’ as follows: "a book, pamphlet, paper, writing, drawing, painting, representation, figure or any other object, shall be deemed to be obscene if it is lascivious or appeals to the prurient interest. Offences are punishable by a maximum of two years for the first conviction and five years in the event of a second or subsequent conviction.

so literally speaking only 'distribution' i.e. only sale etc would be a crime...no problems with possession n usage n so far I've not heard about a search warrant/raid for sex toys.

But on the other hand if we go to the spirit behind the law banning the sale...they are banned because they are 'anti Indian' n 'Anti culture'....so in the first place the sale is banned to discourage the use...ergo possession n use would also be an offence ( though I can't imaging how anyone will prove such an offence...abhi abhi jaankari mili hai ki iis ghar mein sex toys hai!!!!)...rishwat lena aur dena dono apradh hai...dahej lena aur dena dono apradh hai...=> sex toys sale karna aur possess karna dono hee apradh hai.




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