What are the rules and regulations to import sex toys in India

225 votes

The import of sex toys is prohibited under Section 292 of the Indian Penal Code (IPC), which deals with the sale, distribution, and display of obscene material. The section states that "whoever sells, lets to hire, distributes, exhibits or circulates any obscene object shall be punished with imprisonment of either description for a term which may extend to three months, or with fine, or with both."

Since sex toys are considered to be obscene objects, their import into India is prohibited under Section 292 IPC.  Sex toys are not allowed to be imported in India under section 11 subsection 2(u) of the Customs Act, 1962, which states that 'prohibit importation or exportation of goods that is the prevention of the contravention of any law for the time being in force'. And the said item is prohibited under Section 292 of the Indian Penal Code, 1860.

It is important to note that the laws related to the import of sex toys in India are quite strict, and those found violating the laws may face severe penalties, including fines and imprisonment.

LawRato LawRato

922 votes

Section 292 of the IPC reads as under :
[292. Sale, etc., of obscene books, etc.—
(1) For the purposes of sub-section (2), 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 or if its effect, or (where it comprises two or more distinct items) the effect of any one of its items, is, if taken as a whole, such as to tend to deprave and corrupt person, who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it.
[(2) ] Whoever—
(a) sells, lets to hire, distributes, publicly exhibits or in any manner puts into circulation, or for purposes of sale, hire, distribution, public exhibition or circulation, makes, produces or has in his possession any obscene book, pamphlet, paper, drawing, painting, representation or figure or any other obscene object whatsoever, or
(b) imports, exports or conveys any obscene object for any of the purposes aforesaid, or knowing or having reason to believe that such object will be sold, let to hire, distributed or publicly exhibited or in any manner put into circulation, or
(c) takes part in or receives profits from any business in the course of which he knows or has reason to believe that any such obscene objects are for any of the purposes aforesaid, made, produced, purchased, kept, imported, exported, conveyed, publicly exhibited or in any manner put into circulation, or
(d) advertises or makes known by any means whatsoever that any person is engaged or is ready to engage in any act which is an offence under this section, or that any such obscene object can be procured from or through any person, or
(e) offers or attempts to do any act which is an offence under this section, shall be punished 263 [on first conviction with im­prisonment of either description for a term which may extend to two years, and with fine which may extend to two thousand rupees, and, in the event of a second or subsequent conviction, with imprisonment of either description for a term which may extend to five years, and also with fine which may extend to five thousand rupees].
[(Exception) —This section does not extend to—
(a) any book, pamphlet, paper, writing, drawing, painting, repre­sentation or figure— (i) the publication of which is proved to be justified as being for the public good on the ground that such book, pamphlet, paper, writing, drawing, painting, representation or figure is in the interest of science, literature, art or learning or other objects of general concern, or (ii) which is kept or used bona fide for religious purposes;
(b) any representation sculptured, engraved, painted or otherwise represented on or in— (i) any ancient monument within the meaning of the Ancient Monu­ments and Archaeological Sites and Remains Act, 1958 (24 of 1958), or (ii) any temple, or on any car used for the conveyance of idols, or kept or used for any religious purpose.]]

Therefore, as per Section 292 of the IPC, it is illegal to import sex toys in India.

As per the website of Chhatrapati Shivaji International Airport, Customs displayed a list of items that are prohibited for import. Pornographic and Obscene materials are covered under Prohibited items of this list. U/S 111(d) of Customs Act, this item is liable for confiscation and is also liable for penalty u/s 112 of Customs Act, 1962.

Also in such cases, show cause notices are being issued by the department and the goods are being absolutely confiscated. In this case also, the show cause notice will be issued to you by the department. You should give the reply of the show cause notice to the department and appear for personal hearing or you may also waive the personal hearing. On adjudication the goods will be absolutely confiscated and shall be subject to penalty as per the aforesaid provisions.

Advocate Sanskar Rajendra Nagar LawRato