The Kerala High Court has held that watching a porn video in one’s privacy without exhibiting it to others does not amount to an offence under Section 292 of the Indian Penal Code (IPC).
Justice P.V. Kunhikrishnan observed recently that a court of law cannot declare that watching pornographic video on one’s mobile phone or in private space amounts to an offence for the simple reason that it is his/her private choice and interference with the same amounts to an intrusion of his privacy
The court made the observations while quashing a criminal case registered against a youth in 2016 by the Aluva police for viewing a porn video on his mobile phone on a street near the Aluva palace at night. The court added that if the accused was trying to circulate or distribute or publicly exhibit any obscene video or photo, then alone the offence under Section 292 IPC is attracted. Watching an obscene video as such in one’s privacy is not an offence under Section 292 IPC.
The court, however, said that if minor children start watching porn videos, which are now easily accessible via mobile phones, there will be far reaching consequences. The court further observed that instead of celebrating birthdays of children with delectable food and cake cutting ceremony, parents are gifting them mobile phones with Internet access. The parents should be aware of the danger behind it. Let the children watch informative news and videos from the mobile phones of their parents in their presence. Parents should never hand over mobile phones to minor children to make them happy.
“Let the children play cricket or football or other games of their choice during their leisure time. That is necessary for a healthy young generation who are to become the beacons of hope of our nation in the future,” the court added.
