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Uhi i am a game developer who after giving it a lot of thinking is now planning to make a browser based prn game , where you can just play the game on the mentioned websites without downloading it , and maybe offer some extra features and stuff through patreon so i can earn from that . i did some research on it and the response has been kind of yes and no , somewhere i saw it is illegal somewhere i saw its in gray and i can get in trouble ,so thought of making a post about it . i am not planning on selling the base games they will be free to play , main earning will be from patreon , now i was wondering will i get in trouble for doing that ? i read somehwere that if i dont stand out too much which i dont know how one stands out , like there are thousands of game like these hows mine gonna stand out and then hows someone gonna find out that the creator is from india and then report me to authorities , or is it something that authorities will be awars of already ? Also even if i go unnticed now will i have trouble on time of payout from patreon , will my bank ask me about it or maybe in future while filling ITR will i have to mention this and will i get in trouble for that ?
my game is not gonna have any underage character , its gonna have a 18 plus warning in intro too , and i dont think the websites i am planning to upload this on are indian , so should i go for it or not ? -
UThe legal risk here is real and not just theoretical, so this is worth understanding clearly before you publish anything.
Section 67 of the Information Technology Act, 2000 criminalises publishing or transmitting any material in electronic form that is lascivious or appeals to prurient interest.[1] First conviction can mean up to three years imprisonment and a fine up to five lakh rupees. Section 67A of the same Act goes further and covers material containing sexually explicit acts, with up to five years and a fine up to ten lakh rupees on first conviction.[2] The fact that your game will be free, hosted on non-Indian servers, or that you are one of thousands of developers does not give you a legal shield. Indian law applies to you as the creator if you are the person publishing or causing it to be transmitted.
Courts have consistently rejected the argument that adult content is safe because access is restricted or because the platform is foreign. In *TVF Media Labs Pvt. Ltd. vs State (Govt. of NCT of Delhi)* (Delhi High Court, 2023), an FIR under Sections 67 and 67A was upheld against a web series that had an adult audience and was behind a paywall, because the community standard test was applied to the content itself, not just the distribution channel.[1] The court’s view was that the absence of age verification or classification made it worse, not better.
On your Patreon income question, foreign income from Patreon is taxable and must be declared in your ITR under the head of income from other sources or business income. If the underlying activity is illegal under Indian law, declaring it does not protect you, and not declaring it adds a separate tax-evasion risk.
The safest path, if you want to pursue this commercially, is to speak with a lawyer who practises IT and media law before you publish anything. The “I didn’t stand out” logic is not a defence once a complaint is filed.
Keep all drafts, version histories, and any communications about the content scope if you do proceed.
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[1] [Information Technology Act, 2000 — Section 67: Punishment for publishing or transmitting obscene material in electronic form](https://cassie.in/laws/The_information_technology_act%2C_2000/67) — Criminalises publishing or transmitting lascivious or prurient material electronically; up to 3 years and Rs.5 lakh fine on first conviction
[2] [Information Technology Act, 2000 — Section 67A: Punishment for publishing or transmitting material containing sexually explicit act in electronic form](https://cassie.in/laws/The_information_technology_act%2C_2000/67A) — Covers sexually explicit acts or conduct; up to 5 years and Rs.10 lakh fine on first conviction
[3] [TVF Media Labs Pvt. Ltd. & Ors. vs State (Govt. of NCT of Delhi) & Anr. (2023, Delhi High Court)](https://cassie.in/research/judgment/81513) — FIR under Sections 67 and 67A upheld for web series with adult audience; community standard test applied to content regardless of paywall or platform
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