Watching porn in non-public time, not an offence: Kerala HC cancels case in opposition to man
5 min readBy PTI
KOCHI: Watching pornographic images or movies in a single’s non-public time with out exhibiting it to others shouldn’t be an offence beneath the legislation as it’s a matter of private selection, the Kerala High Court has held.
The excessive court docket stated that declaring such an act as an offence would quantity to intrusion of an individual’s privateness and interference along with his private selection.
The ruling by Justice P V Kunhikrishnan got here whereas quashing a case of obscenity beneath Section 292 of the Indian Penal Code in opposition to a 33-year-old man who was again in 2016 caught by police whereas watching porn movies on his cell phone on the roadside close to the Aluva palace right here.
The order and ruling got here on the accused individual’s plea to quash the FIR and the court docket proceedings in opposition to him in reference to that.
The court docket stated pornography was in follow for hundreds of years and the brand new digital age has made it extra accessible, even to youngsters.
“The question to be decided in this case is whether a person watching a porn video in his private time without exhibiting it to others amounts to an offence? A court of law cannot declare that the same amounts to an offence for the simple reason that it is his private choice and interference with the same amounts to an intrusion of his privacy,” it stated.
The court docket additionally famous that there was no allegation that the petitioner (accused) publicly exhibited the video.
“I’m of the thought-about opinion that watching an obscene picture by an individual in his privateness by itself shouldn’t be an offence beneath Section 292 (obscenity) of IPC.
Similarly, watching an obscene video by an individual from a cell phone in his privateness can also be not an offence beneath Section 292 IPC.
“If the accused is trying to circulate or distribute or publicly exhibit any obscene video or photos, then the offence under Section 292 IPC is attracted,” Justice Kunhikrishnan stated.
Therefore, no offence beneath Section 292 of the IPC is made out in opposition to the accused, the court docket stated and quashed all of the proceedings within the magisterial court docket in reference to the case.
At the identical time, Justice Kunhikrishnan additionally cautioned dad and mom in opposition to giving cellphones with web entry to youngsters to make them pleased.
“The dad and mom ought to pay attention to the hazard behind it.
Let the youngsters watch informative information and movies from the cellphones of their dad and mom of their presence.
“Parents should never hand over mobile phones to minor children to make them happy and thereafter complete their daily routine works in their house allowing unsupervised use of mobile phones by children,” the choose stated.
Justice Kunhikrishnan stated that if minor youngsters find yourself watching porn movies, which at the moment are accessible in all cellphones, “there will be far-reaching consequences”.
“Let the youngsters play cricket or soccer or different video games they like throughout their leisure time.
That is important for a wholesome younger technology who’re to grow to be the beacons of hope of our nation sooner or later.
“Instead of buying meals from eating places by way of ‘swiggy’ and ‘zomato’, let the youngsters style the scrumptious meals made by their mom and let the youngsters play at playgrounds and are available again dwelling to the mesmerising scent of their mom’s meals.
I go away it there to the knowledge of the dad and mom of minor youngsters of this society,” the choose stated.
KOCHI: Watching pornographic images or movies in a single’s non-public time with out exhibiting it to others shouldn’t be an offence beneath the legislation as it’s a matter of private selection, the Kerala High Court has held.
The excessive court docket stated that declaring such an act as an offence would quantity to intrusion of an individual’s privateness and interference along with his private selection.
The ruling by Justice P V Kunhikrishnan got here whereas quashing a case of obscenity beneath Section 292 of the Indian Penal Code in opposition to a 33-year-old man who was again in 2016 caught by police whereas watching porn movies on his cell phone on the roadside close to the Aluva palace right here.googletag.cmd.push(perform() googletag.show(‘div-gpt-ad-8052921-2’); );
The order and ruling got here on the accused individual’s plea to quash the FIR and the court docket proceedings in opposition to him in reference to that.
The court docket stated pornography was in follow for hundreds of years and the brand new digital age has made it extra accessible, even to youngsters.
“The question to be decided in this case is whether a person watching a porn video in his private time without exhibiting it to others amounts to an offence? A court of law cannot declare that the same amounts to an offence for the simple reason that it is his private choice and interference with the same amounts to an intrusion of his privacy,” it stated.
The court docket additionally famous that there was no allegation that the petitioner (accused) publicly exhibited the video.
“I’m of the thought-about opinion that watching an obscene picture by an individual in his privateness by itself shouldn’t be an offence beneath Section 292 (obscenity) of IPC.
Similarly, watching an obscene video by an individual from a cell phone in his privateness can also be not an offence beneath Section 292 IPC.
“If the accused is trying to circulate or distribute or publicly exhibit any obscene video or photos, then the offence under Section 292 IPC is attracted,” Justice Kunhikrishnan stated.
Therefore, no offence beneath Section 292 of the IPC is made out in opposition to the accused, the court docket stated and quashed all of the proceedings within the magisterial court docket in reference to the case.
At the identical time, Justice Kunhikrishnan additionally cautioned dad and mom in opposition to giving cellphones with web entry to youngsters to make them pleased.
“The dad and mom ought to pay attention to the hazard behind it.
Let the youngsters watch informative information and movies from the cellphones of their dad and mom of their presence.
“Parents should never hand over mobile phones to minor children to make them happy and thereafter complete their daily routine works in their house allowing unsupervised use of mobile phones by children,” the choose stated.
Justice Kunhikrishnan stated that if minor youngsters find yourself watching porn movies, which at the moment are accessible in all cellphones, “there will be far-reaching consequences”.
“Let the youngsters play cricket or soccer or different video games they like throughout their leisure time.
That is important for a wholesome younger technology who’re to grow to be the beacons of hope of our nation sooner or later.
“Instead of buying meals from eating places by way of ‘swiggy’ and ‘zomato’, let the youngsters style the scrumptious meals made by their mom and let the youngsters play at playgrounds and are available again dwelling to the mesmerising scent of their mom’s meals.
I go away it there to the knowledge of the dad and mom of minor youngsters of this society,” the choose stated.
