One of the global markets for adult toys that is expanding the quickest is the Indian market. Since the Covid-19 outbreak, more and more Indians are openly expressing their desire for sexual relations, and they are also buying more sex gadgets internet. In fact, through 2026, it's predicted that the Indian sex toy market would expand by 15% decade!
There are, however, many misunderstandings regarding the laws and restrictions governing sex toys in India. It is crucial for you to comprehend the items you are purchasing as a customer and how it may affect your legal rights. So, the following are some of the most common questions regarding the legality of sex toys in India.
In India, are sex toys legal to purchase?
In India, purchasing an adult accessory or sex toy is completely legal. Instead of the customers, the rules and laws surrounding this issue mostly affect the seller and the marketing team of the businesses that produce and sell these items.
Section 292 of the Indian Penal Code (IPC 292), which forbids the sale, distribution, promotion, and public exhibition of 'obscene' publications, drawings, or any other prohibited thing, is largely to blame for the false belief that purchasing sex toys is unlawful in India. This rule prohibits retailers from advertising or selling any that is deemed to be ‘obscene,’ including sex toys.
According to the most common interpretation of this rule, anything must be lascivious or appealing to sexual inclinations as well as having a propensity to corrupt individuals in order to be considered 'obscene. This implies that individuals who sell adult toys must ensure that nothing indecent, such as pictures of private parts or overtly sexual words that may be regarded "corrupting," is displayed on the package or used in the marketing of their items. It does not imply that the purchase or sale of sex devices is prohibited, the speaker said.
In fact, the Calcutta High Court issued a ruling in 2011 stating that sex toys are not always offensive merely because they create sensations of sexual excitement. Therefore, all of these things are totally lawful as long as the vendors of adult accessories and toys make sure that packaging and the product's advertising aren't obscene.
The obscenity legislation is in no way limiting in the eyes of the customer. Only the firms providing it are subject to this regulation.
In 2015, the e-commerce behemoth Alibaba faced legal action for selling 'obscene' sex toys. The court ordered an inquiry into the matter and determined that it is permissible to sell these products online so long as the merchants and sellers make sure that their products are not packed or advertised in a ‘obscene’ manner.
In India, is it acceptable to use sex toys?
You can, indeed. Sex toys are lawful to purchase, possess, and use in India. But it's a good idea to keep in mind that your freedom of privacy also protects your capacity to possess sex objects. The right to privacy, especially sexual privacy, is protected under Indian law. It is completely legal to use sex toys as long as you are doing it with responsible people in your own house. But if the device is used in a public place or by people who don't want to be exposed to it, you might face legal repercussions under both the obscenity legislation and Section 376 of the IPC, addressing non-penetrative assault.
Since personal use of sex toys does not constitute an exhibition or an inconvenience to the public, it should not fall under the purview of the law when performed privately and within the walls of one's own house. Users of sex toys should make sure that they are solely intended for consensual adult use and never used to exploit or injure minors, commit assault, offend a woman's modesty, or violate any other criminal laws.
What happens if you are found in India with a sex toy?
There is no need for you to be concerned if you were using the sex toy in India alone, in the privacy of your own house, or if everyone there gave their approval. In India, neither owning nor using a sex toy is prohibited. You are not punishable by law for any offences.
In India, neither the law nor the police may penalise you for using or having a sex toy as long as you are not pushing someone to use one or using or displaying it in society.
However, if you were found in a public area with a sex toy, or with a child or an adult who wasn't giving their consent, you may face legal repercussions under a number of laws, including Section 292 of the IPC, which forbids the exhibition of 'offensive' products in public places.
Can I bring sex toys into India legally?
Sex toys are legal to bring into India. IPC 292 emphasises the fact that 'obscene' pictures or phrases cannot be legitimately imported into India on items from overseas. Therefore, it is crucial that you make sure the sex toy's box is devoid of any suggestive or provocative language or pictures that the custom officer may deem as obscene.
Is it forbidden to use sex toys during anal sex?
No more! Although sex toys themselves are not prohibited, using them for criminal activity would make them so. The Indian Penal Code's Section 377 defines gay practises, including anal penetration, as crimes. As a result, sex devices intended to stimulate the anus were prohibited in India. However, the Supreme Court of India's five-judge panel decriminalised homosexual in September 2018, making anal sex products lawful!
How can I get sex toys in India?
Well, the amazone website makes it incredibly simple to buy a variety of sex toys! Our top goal is making sure we adhere to the rules and laws established by the Indian government. We also always ensure that our clients are well-protected and won't encounter any legal issues as a result of purchasing one of our sex toys.