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Procreation is a gift to living organisms, and is a completely natural process. However, when it comes to sex education, we have all kinds of restrictions and conservations. Coming over to the legality of sex toys in India, there is a conundrum here as well. As per reports, the sex toy industry witnessed a boom within 6 months of COVID-19 pandemic and the extended lockdown in several parts of the world. However, there have been instances which make people confused on whether import of sex toys or using it may land them in jail. Things are more cloudy than clear, because no piece of law directly deals with its legality in an express manner. So, whether import of sex toys from abroad can invite custom notice? Or is it an option to buy adult toys in India? Read below to understand the legal aspects and the options available.  

Are Sex Toys Legal in India?

There is a lot of confusion regarding whether adult toys are banned or illegal in India. The lack of knowledge in this regard often leads people to assume that they will face legal consequences if they are involved in import of sex toys or found in possession of the same. It may be understood that using sex toys in privacy is not against the law. The same was recently clarified by the Calcutta High Court upholding personal use of sex toys, and holding that there was no legal violation or obscenity in using such items in private. Only the provisions related to obscenity bring in the illegal aspect, which restricts the display of such items in public. Whether a product is inherently obscene determines its acceptance as per Indian laws. For example, it was recently clarified by the Bombay High Court that a body massager was not a sex toy. Hence, using sex toys in public, or advertising the same may attract the clutches of laws and you may need a criminal lawyer to assist further. 

Can I order sex toys online?

There is no legal prohibition against buying adult toys online. However, caution must be exercised regarding the mode through which the items are being ordered. If you are using a website for the same, make sure it is an authentic website, and the packaging should not violate the rules regarding obscenity. In other words, the contents or graphics on the packaging should not reveal anything inappropriate as against the laws. 

Import of Adult Toys and Customs Laws 

There is a provision under the Customs Act which empowers the Central Government to prohibit the import or export of certain goods for - maintenance of security, maintenance of public order, and standards of decency or morality in India. The competent officer is further empowered to seize such goods which are prohibited for import due to being - “obscene book, pamphlet, paper, drawing, painting, representation, figure or article”. As to the category of sex toys, they are often categorised as massagers. Packaging here plays the most important role on whether import of sex toys may attract legal consequences based on obscenity. 

Custom Notice for Adult Toys

If a person receives a show cause notice that a prohibited item was received in your name and confiscated, you will get an opportunity of hearing before the authorities. You need to make sure that you are in possession of an application, copy of invoice and details of bank transaction regarding the import of the said item. During the hearing, if it is proved that it was a prohibited item, the person may face penalty for the same. If it is proved that the item so confiscated was not in violation of any laws, it may be released by the Customs authorities. Thus, even though import of sex toys is not per se illegal, it is advisable to buy such items in India meant for personal use, wherein discreet packaging is the rule. 

Concluding Remarks on Import of Sex Toys

As discussed above in detail, import of adult toys is not expressly against the laws in India. However, to avoid confiscation and custom notice, one should make sure that the items are ordered from safe and authenticated websites, with packaging not depicting any nudity or lewd designs, or details in an appropriate manner. Category of product import also plays a vital role here, and it is mostly kept under the massagers or medical devices. In any case, if you face any legal trouble due to import of sex toys, it is better to have a lawyer by your side to simplify the technicalities and suggest a way further.