Is this Legal in India?

I'm an affiliate with a lot of adult sites.I run a few adult sites too.In the recent 5-6 months, i've been making around $3000.

I'm 21, i'm just worried these days..like what if someone asks me ' how you're making money ' ? It's not that i'm over earning, equally i have a lot of things to take care at home.

Adult thing is okay in india?

You might laugh but i'm getting scared to earn :| . Hope you can understand what i am going through.Earning via adult sites is legal in india? Also running adult sites is legal in india?

Please let me know.

 

i guess you dont need to mention your product detail in earning details it is through affiliates

 

Hey you don't even get worry about that. . i don't think it's not a legal one. . getting personnel. . it is quite hard to say!

 

I am not 100% about Indian law, but I am fairly certain that running porn, adult sites etc is illegal. My advice is that if you are earning that much money is to contact an actual lawyer or someone knowledgeable in the field.

 

You have posted a very good question. I would advice you to search some legal sites in India where you can post this question and get advice directly from the relevant people. But remember to post the advice you get over here too. Its good to share and thats why forums like this exist.

One good forum is legalserviceindia.com/forum/

 

as per indian cyber law, publication, sale and circulation on any kind of pornographic content is illegal.

so i guess what u doing is illegal. now how you get around your income projection that your ca can guide you better

 

But he is not selling, publishing or circulating any porn himself. Or is he ?
He said he is an affiliate. This is lil confusing I guess and a lawyer exper in cyber laws of india would only be the best choice.

 

^That would come under circulation or promotion of pornographic material.

 

That's what everyone says.I wonder how the sites like xboard, savitabhabhi exist.I've never met an advocate in my life, now i need to meet and talk about adult business.

 

Well if you are getting US Dollars to india its benefitial to the country and i guess they wont go in that deep perhaps

 

Thanks for the site, someone has already posted the related question in there.Concerned folks are yet to answer it.Let's see.

http://legalserviceindia.com/forum/display_topic_threads.asp?ForumID=4&TopicID=4264&PagePosition=1

 

If you earn over 1500$ every month and do the bank wire, i think there would be lot of people questioning you, even the bank officials i doubt.

Earlier i use to transfer my funds into my sbi a/c via paypal.I don't know what's the matter with sbi..paypal asked me to add different bank account.No problems with epassporte doing the wire transfer.

 

1. These adult sites are hosted on U.S servers. Hence Indian laws do not affect them. Adult stuff is legal in US.
2. The ISP(internet service provider) can enforce law by blocking the websites, etc. But if they did it, many would end losing substantial business. Also, the broadband business in India is still in developing stages, so no ISP wants to lose business unless its a high profile illegal activity.

However, one ridiculous thing that I find about the Indian laws is that it says that it is prohibited to circulate/publish pornography, but it is legal to access porn or have it for personal viewing. Now, if circulation/publishing porn is illegal, how can somebody obtain porn legally? So should one produce pornographic material at his own home?

 

So you're saying that US laws are better?

 

This is what i wanted to hear , obviously most of the sites are hosted on US servers.I mean if the domain ( registered using proxy ) and hosting is at the US ..we can get away?

Watching porn at cyber cafe is illegal.If you are an adult, you can watch porn at home..This is what i've found out in these two days lol.

 

if your host allows you to host adult content..then no problem in it

 

It is illegal in India. I've come across more than 1 instance, in the newspapers, when the owner of a porn site has got caught. Infact the law relating to this is very strict in India.

Don't you remember Avnish Bajaj, the CEO of Bazzee (now Ebay) being put in Tihar jail for allowing porn to be sold on Baazee? When an Harvard graduate, an Ex IIT'an and a US Permanent Resident could be put in jail in a cell along with 70 other undertrials accused of crimes ranging from pick pocketing and rape to murder, I don't see any reason why you would be spared if caught.

Remember, as long as no one knows of this, you are safe. Make sure you keep it very confidential! If I were you, I wouldn't even have started this thread. Make sure the domain name is registered in the name of one of your friends who is in the US and not in your name. This would help you bypass the law since you are not the legal owner of the site.

 

This is not true. Drawing a parallel here, just because gambling and sports betting is legal in the UK and you use the service of a UK based online gambling house, it doesn't become legal in India.

It would be legal if (and only if) you are based out of the US and also host the site in a US server. Same concept applies to taxation. Even if you make money online through your website which is hosted on a US server, you still have to pay taxes in India.

 

I'd suggest you to get your Adult earnings to Paypal - then buy some internet goods like valuable Domain names with good resell potential by paying through paypal. Then resell these domain names to get funds wired to your bank account.

 

it is good to earn more. however, you need to maintain the accounts properly ... consult a Charted Accountant and start a small firm and pay Taxes properly ...

Everything will be okay. do not worry much ...

if all your income are via Paypal, then make sure you do bank transfer and maintain proper accounts. If you need any help/questions on setting up business, talk to me via IM. happy to help