Watching Pornographic Content In Private Is Not An Offence: Kerala High Court
Ernakulam, Kerala: In a recent case before the Kerala High Court, a man was caught watching pornographic content on his mobile phone in private. The accused was arrested, and his phone was also seized. The critical question before the court was whether watching such content in private without sharing it with others constitutes an offence under Section 292 of the Indian Penal Code, 1860.
The Court began by acknowledging that while pornography has existed for centuries, the modern digital era has significantly increased its accessibility to the public. The Single Judge bench comprising Justice P.V. Kunhikrishnan has further clarified that it is not the duty of the court to give recognition to watching porn videos in private but to determine whether such an act constitutes an offence, falls under its domain.
Justice Kunhikrishnan has cautioned parents about the potential danger of giving mobile phones to young children without supervision. The Court has issued a warning that pornographic videos are easily accessible on mobile devices with internet access, and if children view them, it could have serious consequences. Therefore, the Court encourages parents to show informative news and videos to their children and to encourage outdoor activities instead of playing with mobile phones and added,
“Instead of purchasing food from restaurants through ‘swiggy’ and ‘zomato’, let the children taste the delicious food made by their mother and let the children play at play grounds at that time and come back home to the mesmerizing smell of mother’s food. I leave it there to the wisdom of the parents of minor children of this society.”
In the current case, the Court has observed that since the prosecution has made no allegation that the accused has distributed or publicly exhibited the video no case can be made out under Section 292 of the Code. It can”t be deemed an offence as it falls within a person”s private choice and is a matter of personal privacy. Thus, watching porn in private will not be a criminal offence until and unless it is publicly distributed or exhibited.
