Photographing nudes as hobby

Publication of nude pictures or any content containing nudity is a punishable offence. Even if the person has given the consent to publish on web, but then it cant be said to be an art. It will be considered as p*rnography and in India p*rnography is a criminal offence. For more advise write to me at mittaljets@gmail.com.

respected sir,

Hi Mahesh

On the first instance, it is a crime and punishable offence under Section 292 of IPC. You cannot take the view that if some person has engaged in such activities and has not been punished or convicted, then you may also follow that. But, your defence can be the exception to the said section which says that any publication made for the purpose of education, science, literature or art may not considered to be obscene. There are numerous cases which came before the courts to decide and it is the complete view of the court to decide whether your case included the exception or not. If you are served summon to appear, then the burden will lie on you that you were performing an act of art and hence it is not obscene. There is a case of MF Hussain also, where he was served the summons for paintings, but court took the view that his paintings were the objects of art and hence cannot be considered to be obscene and summons were quashed.

Write to me at mittaljets@gmail.com

Sir,

Please keep away from such habit as it is punishable offence under IPC.

Legislations —

The publication, sale or transfer of obscene or p*rnographic material is prohibited and punishable under various Acts.

Indian Penal Code:—

Under sub-section (1) of section 292 of I.P.C, book, pamphlet, paper, writing, drawing, painting, representation, figure or any other object shall be deemed to obscene, if it is lascivious or appeals to the prurient interest or if its effects are such as to tend to deprave and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it. The application of this section does not extend to any book, pamphlet, paper writing, drawing, painting, representation or figure the publication of which can be proved to be justified on the ground of public good that is in the interest of science, literature, art or learning or other objects of general concern. The object which is kept or used bona fide for religious purpose and any representation sculptured, engraved, painted or otherwise represented on or in any ancient monument within the meaning of Ancient Monument and archeological sites and remains Act or any temple or car used for conveyance of idol or kept or use for religious purposes are also outside the purview of this provision.

More ...

The word obscene was explained by Madras High Court in Public Prosecutor v. Sabapathy, to mean anything offensive to chastity or modesty, expressing or presenting to the mind or view something that delicacy, purity and decency forbid to be expressed, impure as obscene language, obscene pictures, anything expressing or suggesting unchaste and lustful ideas, impure, indecent and lewd. Pornography was also defined by Supreme Court of India in 1965 to mean libidinous writing or anything of high erotic effect. However, Allahabad High Court gave a very clear overview of p*rnography in State v. Kunjilal, where it distinguished between obscenity and p*rnography as such.

Indecent Representation of Women's Act, 1986

This Act was enacted with the aim of prohibiting indecent representation of women through the means of advertising or in `publication, writings, paintings, figures, or in any other manner and for matters connected therewith or incidental thereto.

And more....specific

Where the Censor Board certifies a film as being fit to be exhibited, it will be a relevant fact in ascertaining whether or not the film is obscene. Such certificate is not conclusive and it will not debar from trying the case under this section. A certificate granted under section 6 of Cinematography Act does not provide an irrefutable defense to the accused who have been granted such certificate but it has to be taken into consideration by Court in trial for the offence under sections 292 and 293 of Indian Penal Code.

This preposition was laid down in the case of Raj Kapoor v. State (Delhi Administration) where public prosecution was initiated on a private complaint against theater owner, producer, actor, photographer of `Satyam Shivam
Sundaram' for promoting punitive prurience, moral depravity and shocking erosion of public decency....

MORE LAWS, HOWEVER ALL ABOVE OPINIONS ARE PRIMA FACIA AND RAW....ONE NEED TO CONSTITUTE THE SPECIFIC RESPONCE TO YOUR QUERY...PLEASE MEET FACE TO FACE ANY LOCAL LAWYER OF YOUR AREA ....WHO CAN INTERPRET THE ISSUES FOR MEETING YOUR REQUIREMENTS...........

HASAN//ADVOCATE DELHI 

It appears that you know more than the experts who are advising you in futile.

Yes the opinion of experts ought to be respected for practical purposes of avoiding legal problems. As an additional layer one may also put a legal disclaimer before one is allowed to enter the website.

Having said this, there are many law questions that remain unanswered by Section 292 of IPC. Section 292 of IPC is flowing from Articles 19 and 21 of Constitution. Article 19 is nothing but enhanced protection of the rights of citizens, in comparison to same rights of persons already present in Article 21. It means that such enhanced protection for citizens is embedded in Section 292 of IPC.

Besides the word "obscene" or its definition can hardly ever be objective. Usually it is going to be very subjective or hypocritical or rather a lie. Example - when some citizens or persons are seeing any movie or pictures containing nudity and the like, in cinema halls or bedrooms, they will be enjoying such experience or material. But if the same material is shown to them in their place of worship or before elders, they will react in a very different and opposite manner, even though in the depth of their minds be longing to see or experience such things .

An interesting discussion related to this matter can be read at https://www.lawyersclubindia.com/forum/Supreme-court-on-freedom-of-expression-for-nudity-62938.asp