Sexting And Law: Navigating Consent, Consequences And Legalities

Sexting has now become a popular way for couples to connect and explore their desires in the digital age. It provides a channel to express intimacy and desire when physical proximity is not possible. It can be done through text messages, snaps, videos, voice messages, or even video calls, offering a combination of sex and texting involving sexually explicit content sent via digital devices. From playful flirting to sharing more explicit content, sexting allows couples to create a private space for exploring their sexual interests.

However, it's essential to engage in sexting consensually and responsibly, respecting each other's boundaries and privacy. Additionally, being aware of the potential risks, such as privacy breaches, is crucial to maintaining a healthy and safe sexting experience.  

While the urge to engage in sexting may be present, it is essential to ensure that all aspects align with your safety checklist. This includes factors like trust, consent, and agreement from both parties involved. This includes factors like trust, consent, and agreement from both parties involved. Despite such precautions, some individuals may still feel hesitant, as sexting can be considered illegal under certain laws.

Sexting And Law

In a conversation with SheThePeople, Lawyer Tanya Appachu Kaul shed light on certain aspects that are normalised during relationships or dating but are, in fact, illegal. One significant point she raised focused on sexting and sharing explicit messages within a relationship.

According to Kaul, there are laws in place, such as the Information Technology Act, that address explicit content, including explicit messages or sending nudes, as potentially illegal. However, the enforcement and interpretation of these laws can vary depending on the circumstances and the presence or absence of consent.

She added, “It's important to note that these laws are usually invoked when one party files a complaint against the other for non-consensual or harmful actions. Consensual actions between individuals in a relationship, where both parties are in agreement and no issues arise, would typically not lead to legal consequences. Nonetheless, it is crucial to be aware of these laws and their potential implications, even within the context of dating and relationships.”

SheThePeople also consulted Supreme Court Lawyer Adv. Thulasi for further insights into laws specifically addressing explicit content exchange during a relationship. Adv. Thulasi mentioned that the Information Technology Act, 2000, includes sections like Section 66A, which previously prescribed a three-year imprisonment for a social media message causing "annoyance" or being "grossly offensive."

Additionally, Adv. Thulasi highlighted Section 66E under the IT Act, which pertains to intentionally capturing, publishing, or transmitting the image of a person's private area without their consent, violating their privacy. The punishment for such actions may include imprisonment for up to three years, a fine of up to two lakh rupees, or both.

Navigating Consent And Consequences In The Digital Age 

Another Advocate, Abhishek Tapkir, added that "sending nudes in the digital age is normalised but can have serious legal consequences in India. The Information Technology Act, of 2000, and its amendments address cybercrimes, including the transmission of sexually explicit material. Section 67A punishes publishing or transmitting obscene content electronically, which includes sending nudes. Additionally, Section 67B addresses offences involving children in sexually explicit acts online. Those found guilty may face imprisonment of up to five years and fines of up to ten lakh rupees on their first conviction, and up to seven years of imprisonment and fines on subsequent convictions. Being aware of these laws is essential to avoid legal repercussions."

 Akriti Pathak, who is a newly enrolled Advocate in The Bar Council of Delhi, in conversation with SheThePeople, shared her views on a much-ignored topic which is the practice of sharing explicit content with a partner like sending nudes, sexting, etc. after which the consequences can be traumatising and unhealthy. She emphasised the need for women to consider the repercussions and not be deceived by false promises such as "mei screenshot nahi lunga baby." 

Pathak added, "Having a healthy relationship is harder than it sounds. Many aspects of healthy relationships don't come naturally to us because a lot of the things we're taught are normal in relationships are actually not OK."

 Pathak shared a few steps for those who fall into such situations where the partner asks for explicit content and then gets to know that he shared those pictures with all his friends and brothers or straightaway blackmails them for anything. She said, "If by chance this situation occurs to anyone, then the victim should not hesitate in approaching for a complaint through the online portal of the Cyber Cell or Police Station for taking strict actions against the offender under the Indian Penal Code (IPC) 1860, the Information Technology (IT) Act 2000, or, if the person is minor, the Protection of Children from Sexual Offences (POCSO) Act 2012, and the Juvenile Justice (Care and Protection of Children) Act 2015."

The advocate went on to say that "Our law also provides strict action against any erring police officials who refuse to register an FIR, take strict action, or both."

Now talking about the law, who's on the side gender-wise? The law is never biassed! It's about the victims, who have to be vocal with their complaints so that the law can protect them. There is no doubt that cases of women and girls as victims are more numerous in comparison to other genders, but the harsh truth is that there is hesitation of image and sometimes ignorance from society due to which registrations of complaints in police stations are very few in ratio."

Views expressed by the author are their own

Suggested Reading: Sikkim Gov Offers 12-Month Maternity Leave, Moms Find It Welcoming