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Will police come to catch you?

  1. #1
    Bronze Member Outlander's Avatar
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    Talking Will police come to catch you?

    I don't regularly download porn, but sometimes I do. Do the telephone people pay any attention to what people are downloading? And is it the same with all service providers?
    Also, will the BSNL people be able to detect if I am downloading a porn movie, especially with Utorrent?
    Thanx.

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    Quote Originally Posted by HydraHeaded View Post
    I don't regularly download porn, but sometimes I do. Do the telephone people pay any attention to what people are downloading? And is it the same with all service providers?
    Also, will the BSNL people be able to detect if I am downloading a porn movie, especially with Utorrent?
    Thanx.
    thats ur own intrest man.. if they decide.. then 99.99% ppl will be in prison..

    .01 is me...

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    Am another one who will be there.Dude don't worry about it

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    forget about these things no one is monitoring you in india, i think in India every network is open. as my elder brother lives in UAE he was saying that torrents are blocked here, the ISP doesn't allow this and social networking sites are also blocked!

    and by the way i dont download these things, as it ruins you!!!

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    Platinum Member whitestar_999's Avatar
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    don't worry as long as its for personal use.in any case bsnl won't spend its time & resources on things like porn when they have more important matters to handle.(read Rs.50000 bills contested in courts for wrong billing)
    Is God willing to prevent evil, but not able? Then he is not omnipotent.
    Is he able, but not willing? Then he is malevolent.
    Is he both able and willing? Then whence cometh evil? Is he neither able nor willing? Then why call him God?

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    Don't worry about all these issues...

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    Dont worry man they will not catch you unless u share it with somebody else[like doing a business].And by the way as per my knowledge govt. do monitor our activities.They have a centre in Mysore[Karnataka].But dont worry if u dont do something like online froud u are safe

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    Quote Originally Posted by HydraHeaded View Post
    I don't regularly download porn, but sometimes I do. Do the telephone people pay any attention to what people are downloading? And is it the same with all service providers?
    Also, will the BSNL people be able to detect if I am downloading a porn movie, especially with Utorrent?
    Thanx.
    I don't think that they'd care. If they did we'd all be fried. I read somewhere that 80% of all internet traffic is on account of porn .. maybe more. So I guess it just makes good business sense to allow it

    Just stay away from illegal stuff

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    Gold Member gardencityboy's Avatar
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    Dont worry man
    first of all you are using BSNL a government provider

    they are not bothered about any thing you do, just pay your bill and be happy

    It is very difficult to know what you are downloading when you are using peer to peer network download as the files are split to 100 odd segments.

    You may be downloading a song or a movie when we tap the peer to peer network it would not make sense until the complete file is downloaded.

    So chill and keep downloading

    I agree with rasarat to be away form illegal stuff, like using some one else password with out the knowledge of the owner which could put u in problem

  10. #10
    Platinum Member puchu's Avatar
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    Quote Originally Posted by HydraHeaded View Post
    I don't regularly download porn, but sometimes I do. Do the telephone people pay any attention to what people are downloading? And is it the same with all service providers?
    Also, will the BSNL people be able to detect if I am downloading a porn movie, especially with Utorrent?
    Thanx.
    Hey friend, why do you waste your bandwidth on porn ?But thats your personal matter.

    But police will never come to you.

    Till anything you do on the net concerns you and only you,its not going to attract any trouble.

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    If BSNL and Govt started taking interest on each everything we download, they will go out of business.

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    Platinum Member puchu's Avatar
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    Quote Originally Posted by seking View Post
    If BSNL and Govt started taking interest on each everything we download, they will go out of business.
    I agree.

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    Bronze Member parshanth's Avatar
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    You Will Be in trouble if you access illegally Or No Problem Dont Worry Why else Are We All Interested in Internet...

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    Bronze Member Outlander's Avatar
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    Smile Grrrrr......

    Arre yaar, answer the question; can the police track you? Can a file in Utorrent be tracked at all? One person (if I remember correctly) has replied that it cannot be, since the file is broken into hundreds of pieces, but then the police does catch people. So what I wish to ask is, how hi-tech is the police in India, if anyone knows the answer to this...

    My question was a very general one, that is it safe to download porn in India? Are there cases when people are caught? I myself have been using the broadband for an year now, and no one has come to my home, but its always better to download if there is no risk. Actually I don't download porn much, maybe sometimes, but I download English movies a lot; now the thing is that even these (DVDRip) movies are not certified by the Indian censor board, so officially it is illegal; on torrent sites you keep hearing people complaining about their receiving warnings for downloading stuff.

    If possible, post links to sites where there is information about Indian laws concerning this, and also their actual implementation (since there is a difference between there being a law and it being actually put into force; if you don't know, legally, anal sex is prohibited in India, and so even if you have it with your wife, the police can in theory come and arrest you ).

    Its alright, don't waste your breath over this issue. Answer if you feel like it.

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    Quote Originally Posted by HydraHeaded View Post
    Arre yaar, answer the question; can the police track you? Can a file in Utorrent be tracked at all? One person (if I remember correctly) has replied that it cannot be, since the file is broken into hundreds of pieces, but then the police does catch people. So what I wish to ask is, how hi-tech is the police in India, if anyone knows the answer to this...

    My question was a very general one, that is it safe to download porn in India? Are there cases when people are caught? I myself have been using the broadband for an year now, and no one has come to my home, but its always better to download if there is no risk. Actually I don't download porn much, maybe sometimes, but I download English movies a lot; now the thing is that even these (DVDRip) movies are not certified by the Indian censor board, so officially it is illegal; on torrent sites you keep hearing people complaining about their receiving warnings for downloading stuff.

    If possible, post links to sites where there is information about Indian laws concerning this, and also their actual implementation (since there is a difference between there being a law and it being actually put into force; if you don't know, legally, anal sex is prohibited in India, and so even if you have it with your wife, the police can in theory come and arrest you ).

    Its alright, don't waste your breath over this issue. Answer if you feel like it.
    hello.. ur query is already addressed by many of ur members.. however ur above comments make me feel that u r trying to do some illegal dealing through internet.. if u r only porn downloader.. then go ahead.. else...jus move out...

  16. #16
    Bronze Member parshanth's Avatar
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    Donot Try To Be Scared of Something thats Nots existent.. Porn Cds Are Sold ............. Which Is illegal but if you burn CD For Personal Use It Is legal i think.............

  17. #17
    Gold Member Logik's Avatar
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    I really don't think BSNL or any service provider do any thing if ur downloading PORN. but yeh, doing some serious stuff (best eg sending Email to Government/Institutions which can voilate things) is pretty harmful business, Unless ur expert at Security (hacking i mean).

    PS - Some one said: Porn Pwns Internet.
    BSNL Stands 4 : Bhai Sahab Nahi Lagega:D

  18. #18
    Bronze Member Outlander's Avatar
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    Smile Don't rail at me...

    Hello ArunCSE30, or whatever your name is - no, I am not into doing anything really illegal, it's just that all of a sudden I started thinking about this.
    And remember: this thread concerns you all; coz everyone downloads porn, so don't make it out as as if >I< am a pervert... Actually I don't even know enough about the net yet to use it for illegal purposes (I wouldn't be asking you people questions if I had the know-how of everything). I just download with Utorrent, and most of the time it is just English movies. The only reason why I ask all this is because out in the streets, in a laari, you can see people selling pirated CDs, and the policemen are standing right beside them; so why shouldn't we download away without any kind of fear. Like I said, its alright, stop wasting your breath over this issue now.

    My original question was, whether the police in India are hi-tech or not, and no one really seems to know the answer to that. Anyway, I am giving a nice link:

    Rediff Guide to the Net: Features: Dummies Guide to Porn Laws

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    Quote Originally Posted by HydraHeaded View Post
    Hello ArunCSE30, or whatever your name is - no, I am not into doing anything really illegal, it's just that all of a sudden I started thinking about this.
    And remember: this thread concerns you all; coz everyone downloads porn, so don't make it out as as if >I< am a pervert... Actually I don't even know enough about the net yet to use it for illegal purposes (I wouldn't be asking you people questions if I had the know-how of everything). I just download with Utorrent, and most of the time it is just English movies. The only reason why I ask all this is because out in the streets, in a laari, you can see people selling pirated CDs, and the policemen are standing right beside them; so why shouldn't we download away without any kind of fear. Like I said, its alright, stop wasting your breath over this issue now.

    My original question was, whether the police in India are hi-tech or not, and no one really seems to know the answer to that. Anyway, I am giving a nice link:

    Rediff Guide to the Net: Features: Dummies Guide to Porn Laws

    as logik said.. downloading and burning porn's are not illegal.. but selling is illegal... im not trying to blaming u.. im jus trying to xplain the fact.. however.. if u still want to tesk police's skill.. i can give u 1 example.. few years back.. a doctor called prakash.. was running a porn site and police got him and now he is in lifetime prison.. if u still want to test it.. Open a site

  20. #20
    Platinum Member whitestar_999's Avatar
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    seems like you have searched well.i already posted the site you mentioned in my reply to your post at other site much before you posted here.however here is something which you will find interesting---
    The three tests laid down in section 292 of the Indian Penal Code, on the other hand, are laid down
    as follows:-
    A book, pamphlet, paper, writing etc., shall be deemed to be obscene if it is:
    1. lascivious;or
    2. appeals to the prurient interest;or
    3. if its effect or where it is more than one item, the effect of any one of the items, if taken as a
    whole, is such as to rend to deprave and corrupt persons who are likely, having regard to all the
    relevant circumstances to read, see or hear it
    However, in practice it is the third test – ‘deprave and corrupt’ – which is most often resorted to for deciding on obscenity.It is also interesting to note that both making
    pornography available as well as its possession are offences
    .To escape liability, the onus is on the
    accused to prove lack of knowledge about the obscene or indecent contents of the material in question.
    Is God willing to prevent evil, but not able? Then he is not omnipotent.
    Is he able, but not willing? Then he is malevolent.
    Is he both able and willing? Then whence cometh evil? Is he neither able nor willing? Then why call him God?

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    Quote Originally Posted by whitestar_999 View Post
    seems like you have searched well.i already posted the site you mentioned in my reply to your post at other site much before you posted here.however here is something which you will find interesting---
    The three tests laid down in section 292 of the Indian Penal Code, on the other hand, are laid down
    as follows:-
    A book, pamphlet, paper, writing etc., shall be deemed to be obscene if it is:
    1. lascivious;or
    2. appeals to the prurient interest;or
    3. if its effect or where it is more than one item, the effect of any one of the items, if taken as a
    whole, is such as to rend to deprave and corrupt persons who are likely, having regard to all the
    relevant circumstances to read, see or hear it
    However, in practice it is the third test – ‘deprave and corrupt’ – which is most often resorted to for deciding on obscenity.It is also interesting to note that both making
    pornography available as well as its possession are offences
    .To escape liability, the onus is on the
    accused to prove lack of knowledge about the obscene or indecent contents of the material in question.
    whitestar. u r well in law side too...

  22. #22
    Platinum Member whitestar_999's Avatar
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    i just took a look at some sites.since my sister is planning on taking law as a subject & already bought some books i think i will take a look at them too.
    Is God willing to prevent evil, but not able? Then he is not omnipotent.
    Is he able, but not willing? Then he is malevolent.
    Is he both able and willing? Then whence cometh evil? Is he neither able nor willing? Then why call him God?

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    Quote Originally Posted by whitestar_999 View Post
    i just took a look at some sites.since my sister is planning on taking law as a subject & already bought some books i think i will take a look at them too.
    so some1 is thr to take u on bail.. jus kiddin...

  24. #24
    Platinum Member whitestar_999's Avatar
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    this is to end all discussions about whether presonal porn possession is illigal or not----

    THE LAW ON PORNOGRAPHY IN INDIA

    Pornography and Obscenity

    The term ‘pornography’ when used in relation to an offence is not defined in any statutes in India but the term ‘obscenity’ has been effectively explained in two statutes in India, and these legislations prescribe that ‘obscenity’ in certain circumstances constitutes an offence. These legislations are (i) The Indian Penal Code, 1860 (‘IPC’) and (ii) The Information Technology Act, 2000 (‘IT Act’).

    Although neither the IPC nor the IT Act defines what ‘obscenity’ is, section 292 of the IPC and section 67 of the IT Act, (which corresponds to section 292 of the IPC) explain ‘obscenity’ to mean anything which is lascivious or appeals to the prurient interest or if its effect is to deprave and corrupt persons. Therefore according to the law in India, anything that is lascivious or appeals to the prurient interest or if its effect is to deprave and corrupt persons would be considered to be ‘obscene’.

    Obscenity as an offence under the Indian Penal Code.

    Section 292 of the IPC comprehensively sets out the circumstances in which ‘obscenity’ and / or any ‘obscene’ material is an offence.

    According to section 292, (i) whoever sells, lets to hire, distributes, publicly exhibits or in any manner puts into circulation, or for purposes of sale, hire, distribution, public exhibition or circulation, makes, produces or has in his possession any obscene book, pamphlet, paper, drawing, painting, representation, or figure or any other obscene object whatsoever or (ii) imports, exports or conveys any obscene object for any of the purposes mentioned in (i) above, or knowing or having reason to believe that such obscene object will be sole, let to hire, distributed or publicly exhibited or in any manner out into circulation, or (iii) takes part in or receives profits from any business in the course of which he knows or has reason to believe that any such obscene objects are, for any of the purposes mentioned in (i) above, made, produced, purchased, kept, imported, exported, conveyed, publicly exhibited or in any manner put into circulation, or (iv) advertises or makes known by any means whatsoever that any person is engaged or is ready to engage in any act which is an offence under section 292 or that any such obscene object can be procured from or through any person or (v) offers or attempts to do any act which is an offence under section 292, is punishable with imprisonment and fine. Therefore, obscenity is an offence if it falls within any of the above prescribed purposes.

    Obscenity – personal viewing – Is it an offence

    From a plain reading of Section 292 of the IPC it appears that if a person is in mere possession of the obscene material for his personal use without any intention to perform any of the purposes specified in section 292 (as stated above) it may not be an offence under section 292. In the case of Jagdish Chavla and others v/s the State of Rajasthan, 1999 CR LJ 2562 (Raj), the accused was caught viewing an obscene film on the television with the help of a VCR which along with the cassette was seized and a case under section 292 of the IPC was registered. The accused filed a petition in the High Court for quashing of the proceedings and it was held that simply being in possession of a blue film could not make a person guilty under section 292 unless it was further proved that the purpose of keeping the same was selling or letting it on hire. Therefore without proving the purpose of keeping the same no offence mentioned in section 292 was made out and the proceedings were quashed. The law therefore excludes from liability (under section 292) the mere possession of obscene material for ones own personal use without any intention to perform any of the purposes specified in section 292.

    However, it would be prudent to be aware that a prosecution may lie for mere possession of obscene material also. It could be argued that a person, even though he is in mere possession of the obscene material which may be for his own personal use, actually aids and abets the publication, sale, hire, distribution etc of the obscene material, which is an offence under section 292. And under section 111 of the IPC, the abettor is held to be equally guilty of the offence which he has abetted provided it is proved that the offence is a probable consequence of the abetment.

    Exceptions under the Indian Penal Code

    Section 292 also sets out the purposes under which obscenity is not deemed to be an offence and these are when any such material is used (i) justifiably for the public good for e.g. interest of science, literature, art or learning or other purposes of general concern (ii) for bona-fide religious purposes and (iii) in any ancient monument within the meaning of the Ancient Monuments and Archeological Sites and Remains Act, 1958 or in any temple, or on any car used for the conveyance of idols.

    Obscenity under the Information Technology Act

    Section 67 of the IT Act lays down the law that obscenity is an offence when it is published or transmitted or caused to be published in any electronic form. The expressions, ‘publishing’ or ‘transmission’ have not been specifically defined under the IT Act, but in Taxmann’s commentary under the IT Act, ‘publishing means making information available to people’. The commentary also states that ‘transmission’ and not mere possession, of obscene information is an offence. Transmission may be addressed to an intended recipient for his personal use. But that is not relevant. The act of ‘transmission’ is sufficient to constitute an offence under section 67 of the IT Act. Therefore if any obscene material is published or transmitted in any electronic form it is an offence under section 67 of the IT Act. The provisions of section 67 of the IT Act are therefore similar to section 292 of the IPC where mere possession of the obscene material for ones own personal use may not be construed as on offence, however, it would be advisable to be cognizant of the fact that the prosecution can take a plea of abetment in a case of mere possession.

    Although section 292 of the IPC principally deals with obscene material capable of expression in the physical medium such as books, pamphlets, papers, writings, drawings, paintings, representations, and the provisions of section 67 (which correspond to the provisions of section 292 of the IPC as stated above) under the IT Act, deal with computer systems and networks, intangible medium of the internet and electronic communication devices such as the cellular phone handsets, a prosecution can be commenced independently or jointly under both the Acts.

    Applicability of the Acts to cybercafe owners

    In the context of cybercafes in particular, if a customer downloads any obscene material for his personal viewing on the terminal assigned to him and this fact is known to the owner of the cybercafe it would constitute an offence and the owner of the cybercafe would be liable under section 292 of the IPC read with Section 67 of the IT Act. Provided however, if it is established that this act was without the knowledge of the owner of the cybercafe it could be difficult for the prosecution to sustain its plea under section 292 of the IPC and section 67 of the IT Act. However the owner may not be completely exonerated from liability and it is possible that he may be held responsible for abetting the offence (if not for its commission) in terms of facilitating the circulation and distribution of the obscene material.

    The law relating to the liability of cybercafe owners under these provisions of the IPC and the IT Act is not very well settled and therefore open to subjective interpretation. To mitigate liability and to avoid possible criminal prosecution the cybercafe owners could perhaps make an attempt to take protection under section 79 of the IT Act, which absolves ‘intermediaries’, who only provide access to content but do not provide content itself, by extending the argument of intermediaries to cybercafes (although not tested in courts in India). The grounds of defense could be also made stronger by setting up a mechanism (hardware or software) whereby the customers are prevented from accessing any obscene websites and disclaimers are displayed prominently informing customers that obscenity is an offence which is punishable with imprisonment and that despite the warning, if customers still view such websites, they will be personally responsible and not the owner of the cybercafe.

    However, this argument (of drawing a parallel between intermediaries and cybercafe owners) has not been judicially tested so far and from a plain reading of section 79 of the IT Act, the intermediaries are restricted to mean only ‘network service providers’ such as Videsh Sanchar Nigam Limited, Mahanagar Telephone Nigam Limited etc. Even in such cases, the provisions of section 79 of the IT Act imposes an obligation on intermediaries that they would be able to take the benefit of this section only if it is shown that the offence was committed without their knowledge or that they had exercised all due diligence to prevent its commission. What exactly is this due diligence is unfortunately not defined or explained in the IT Act so it is completely open for the prosecution to define its own level of due diligence.

    Under the circumstances, the law as it stands on obscenity with regard to the liability it imposes on the owners of cybercafes is certainly not free from doubt and casts an onerous obligation on them to successfully defend a prosecution under the relevant provisions of the IPC and the IT Act. However, if certain precautions are observed such as establishing mechanisms which block such websites and displaying the disclaimers as suggested above, prominently, at least may help in providing a good defense.

    Punishments prescribed under the Acts for obscenity

    The punishment for an offence under section 292 of the IPC is on first conviction with imprisonment (simple or rigorous) for a term which may extend to two years, and with fine which may extend to two thousand rupees, and in the event of a second or subsequent convictions, with imprisonment (simple or rigorous) for a term which may extend to five years, and also with fine which may extend to five thousand rupees.

    The punishment for an offence under section 67 of the IT Act is on first conviction with imprisonment (simple or rigorous) for a term which may extend to five years, and with fine which may extend to one lakh rupees, and in the event of a second or subsequent convictions, with imprisonment (simple or rigorous) for a term which may extend to ten years, and also with fine which may extend to two lakh rupees.
    so in a nutshell,unless you are up against a very determined & good lawyer(which won't be the case unless you have a personal rivalery with that lawyer or you are some big personality which many influential people like to settle scores with) you can rest easy by just proving that the porn found in your possession was not meant for any one else besides you.even if you are up against a good lawyer who raises the point that by possessing porn you abetted in a crime by helping in the publication, sale, hire, distribution etc of the obscene material, which is an offence under section 292. And under section 111 of the IPC, the abettor is held to be equally guilty of the offence which he has abetted provided it is proved that the offence is a probable consequence of the abetment,you can hire a good lawyer which probably can counter this point by raising the fact that porn was downloaded & thus does not come under the category of
    publication, sale, hire, distribution etc because you downloaded it yourself without providing any money to any person specifically for this purpose only.

    PS--@aruncse30,law anywhere in this world can be bend as well as broken you just got to know how by understanding it.that's why i searched & found this info just to increase my knowledge of law.
    Is God willing to prevent evil, but not able? Then he is not omnipotent.
    Is he able, but not willing? Then he is malevolent.
    Is he both able and willing? Then whence cometh evil? Is he neither able nor willing? Then why call him God?

  25. #25
    Bronze Member Outlander's Avatar
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    Smile Woah!

    Seems like I got everyone interested!

    Anyway, all this discussion, for downloading one porn file in a month... Lets squash it here; anyway we have got all the information that we need. Actually its a really strange and new thing that I have come to know: that keeping porn for personal use is not exactly a crime. But still, who wants to take the risk.

    Thanx all of you, for contributing to this thread. You can keep it alive if you wish to.

  26. #26
    Platinum Member puchu's Avatar
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    Quote Originally Posted by whitestar_999 View Post
    this is to end all discussions about whether presonal porn possession is illigal or not----



    so in a nutshell,unless you are up against a very determined & good lawyer(which won't be the case unless you have a personal rivalery with that lawyer or you are some big personality which many influential people like to settle scores with) you can rest easy by just proving that the porn found in your possession was not meant for any one else besides you.even if you are up against a good lawyer who raises the point that by possessing porn you abetted in a crime by helping in the publication, sale, hire, distribution etc of the obscene material, which is an offence under section 292. And under section 111 of the IPC, the abettor is held to be equally guilty of the offence which he has abetted provided it is proved that the offence is a probable consequence of the abetment,you can hire a good lawyer which probably can counter this point by raising the fact that porn was downloaded & thus does not come under the category of
    publication, sale, hire, distribution etc because you downloaded it yourself without providing any money to any person specifically for this purpose only.

    PS--@aruncse30,law anywhere in this world can be bend as well as broken you just got to know how by understanding it.that's why i searched & found this info just to increase my knowledge of law.
    Really really good piece of info,thanks for the information whitestar.

  27. #27
    Gold Member Logik's Avatar
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    Itrs Pretty good to know that we have Lawyer type ppl in here .
    BTW, the for most of the time the laws remain on the paper only.
    BSNL Stands 4 : Bhai Sahab Nahi Lagega:D

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    Absolutely there is nothing wrong and don't worry police will not find you and even the bsnl don't have that much hi tech software to find out who is downloading what and they wont be having time too!! If that is the case almost many of those using the net will be in jail!!!!!

  29. #29
    Alligator itsmemad's Avatar
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    hmmm... nice information... some intelligent people are missing nowadays...

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    Quote Originally Posted by Outlander View Post
    anal sex is prohibited in India, and so even if you have it with your wife, the police can in theory come and arrest you

    REALLY? maybe thats why i can't find videos in that "particular" genre anywhere
    CUSTOM MACHINED

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    Default Dont Worry

    Ha Ha,I agree with gardencityboy ,torrents are peer to peer networks,so no one can find you easily.

    Even if police catches they will not be able to put you in prison as the prisons are already full with others.

    LoL

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    Quote Originally Posted by Saswat Nanda View Post
    Ha Ha,I agree with gardencityboy ,torrents are peer to peer networks,so no one can find you easily.

    Even if police catches they will not be able to put you in prison as the prisons are already full with others.

    LoL
    Stop Replying to old threads..
    This Thread was started at 2008 itself..
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