Watching porn in one’s privacy not an offence under Section 292 of IPC: HC
1 year, 3 months ago

Watching porn in one’s privacy not an offence under Section 292 of IPC: HC

The Hindu  

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. 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. 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.

Video Court Mobile Phones Mobile Ipc Watching Porn  ones  privacy  mobile  parents  ipc  watching  porn  292  children  hc  court  offence  phones  video

History of this topic

Karnataka HC Recalls Order Which Held Watching Child Porn Online Not An Offence, Says Erroneously Overlooked Relevant Provision Of IT Act
5 months, 2 weeks ago

Karnataka HC Recalls Order Which Held Watching Child Porn Online Not An Offence, Says Erroneously Overlooked Relevant Provision Of IT Act

Live Law  

The Karnataka High Court on Friday recalled its order passed on July 10, wherein it had held that a person watching child pornography online cannot be charged for an offence under Section 67B of the Information Technology Act. A single judge bench of Justice M Nagaprasanna said “This court had passed the order without noticing section 67B, it is an …

Kerala High Court:Accidental Download of Child Pornography Not an Offence U
6 months, 2 weeks ago

Kerala High Court:Accidental Download of Child Pornography Not an Offence U

Live Law  

The Kerala High Court has held that automatic or accidental downloading of children engaged in sexually explicit act or conduct is not an offence under Section 67B of the Information Technology Act when the evidence shows that there was no specific intent to do so. The bench observed that no prima facie case was made out against the petitioner Section …

Merely downloading or watching child porn may not be an offence, says SC bench led by CJI during hearing
8 months, 3 weeks ago

Merely downloading or watching child porn may not be an offence, says SC bench led by CJI during hearing

New Indian Express  

The Supreme Court on Friday reserved its verdict in the appeal filed by an NGO, which works for the welfare of the children, against a Madras High Court order holding that merely downloading and or watching child pornography on one's electronic device did not constitute an offence under the POCSO and the IT Act. The Madras High Court had, on …

‘Atrocious’: Supreme Court berates Madras HC order on watching child porn
9 months, 4 weeks ago

‘Atrocious’: Supreme Court berates Madras HC order on watching child porn

Hindustan Times  

NEW DELHI: The Supreme Court on Monday called “atrocious” a Madras high court judgment, which held that merely watching child pornography is not an offence under the Protection of Children from Sexual Offences Act and the Information and Technology Act, 2000. In its January 11 order, a bench of justice N Anand Venkatesh quashed a criminal case against a 28-year-old …

Courts can’t be lenient on downloading child abuse material
11 months, 3 weeks ago

Courts can’t be lenient on downloading child abuse material

Hindustan Times  

January 11, 2024, was a black letter day for the Madras high court when it held in Harish v. Inspector of Police that downloading and viewing child sexual abuse material or child pornography was not an offence. The Madras HC erroneously relied on a Kerala HC judgment under Section 292 of the Indian Penal Code of 1860 to exonerate the …

Viewing child porn not an offence under POCSO Act and IT Act: Madras HC
11 months, 3 weeks ago

Viewing child porn not an offence under POCSO Act and IT Act: Madras HC

Op India  

The Madras High Court recently pronounced that the Protection of Children from Sexual Offences Act and the Information Technology Act do not render it illicit to access or see child pornography on a personal electronic device. Justice Venkatesh called for a methodical approach to address the matter and stated, “The Generation Z Children are grappling with this serious problem and …

Watching child porn not an offence under Pocso and IT Act: Madras HC
11 months, 3 weeks ago

Watching child porn not an offence under Pocso and IT Act: Madras HC

Hindustan Times  

The Madras high court has said that merely watching child pornography is not an offence under the Protection of Children from Sexual Offences Act and the Information and Technology Act, 2000, as it quashed the case against a 28-year-old who was charged with downloading and watching pornographic content involving children. The HC said the petitioner cannot be booked under Section …

Watching porn in private time without showing it to others not an offence: Kerala High Court
1 year, 3 months ago

Watching porn in private time without showing it to others not an offence: Kerala High Court

India TV News  

Watching pornographic photographs or videos in one's private time without showing it to others is not an offence under the law as it is a matter of personal choice, the Kerala High Court has held. "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 …

Madhya Pradesh: Eight booked in connection with uploading child pornography content on social media in Indore
1 year, 5 months ago

Madhya Pradesh: Eight booked in connection with uploading child pornography content on social media in Indore

India TV News  

Indore crime news: At least eight persons were booked in connection with allegedly uploading child pornography content over various social media platforms in Madhya Pradesh’s Indore district, a police official said today. Speaking on the issue, Deputy Commissioner of Police Aditya Mishra told media, “An organisation named National Center for Missing and Exploited Children, which works on child sex abuse …

Operation P-Hunt: Kerala Police arrests ten people involved in child pornography
2 years, 11 months ago

Operation P-Hunt: Kerala Police arrests ten people involved in child pornography

India Today  

As many as ten people were arrested as part of operation P-Hunt by the Kerala Police to tackle child pornography and child sexual exploitation in the state. The cyber surveillance drive led by Additional Director General of Police Manoj Abraham exposed several peer to peer child porn sharing networks. The devices seized by the police had child sex abuse materials …

Why is porn such a big deal in India?
3 years, 4 months ago

Why is porn such a big deal in India?

Deccan Chronicle  

In India, while viewing sexually explicit material in private spaces is not illegal, Section 67 of the Information Technology Act makes it illegal for anyone to publish or transmit “obscene material” in electronic form. Pornography is not a simulation of real life events, just as a movie like Avengers isn’t and you cannot try to jump off buildings and shoot …

Raj Kundra Arrested: But What Does Indian Law Say About Porn?
3 years, 5 months ago

Raj Kundra Arrested: But What Does Indian Law Say About Porn?

The Quint  

On 20 July, a magistrate's court in Mumbai remanded Indian businessman Raj Kundra to three-day police custody in what is being touted as "pornography scandal case". Apart from general provisions on "sexually explicit" or "obscene materials", the IT Act and the Prevention of Child Sexual Offences Act also have specific provisions prohibiting child pornography. Section 67 and 67A of the …

Child Pornography: "Only 'Bharatiya Culture' Can Act As A Bulwark; Can Tackle Menace By Inculcating Right Values": Madras High Court
3 years, 6 months ago

Child Pornography: "Only 'Bharatiya Culture' Can Act As A Bulwark; Can Tackle Menace By Inculcating Right Values": Madras High Court

Live Law  

While granting anticipatory bail to a man who was arrested for sharing child pornographic content, the Madras High Court recently observed that the menace of child pornography can be tackled only if all of us inculcate the right values. Further, noting that Section 43 of POCSO Act, 2012 mandates the Central and State Governments to take measures to spread public …

Menace of child pornography can be tackled only with moral education, says Madras HC
3 years, 6 months ago

Menace of child pornography can be tackled only with moral education, says Madras HC

The Hindu  

The Madurai Bench of the Madras High Court, while granting anticipatory bail to a youth who apprehended arrest for sharing child pornographic content, has observed that the menace of child pornography can be tackled only if all inculcate the right values. Swaminathan observed that Section 43 of the POCSO Act, 2012, says the Central and the State governments must take …

41 Kerala techies held for sharing child porn, trafficking after statewide raids
4 years ago

41 Kerala techies held for sharing child porn, trafficking after statewide raids

India Today  

In a crackdown on child pornography, 41 people, including working youths working in the IT industry, were arrested on Monday in Kerala for allegedly sharing sexually explicit pictures and videos of children in 6-15 age group. Some of the youth were suspected to be involved in trafficking of children, police said, adding the arrests were made during raids conducted at …

Allowing Videos/Photos Of Rape Victims To Remain On Social Media Is Violative Of Their Fundamental Right To Privacy: Orissa HC Moots Statutory Recognition Of 'Right To Be Forgotten'
4 years, 1 month ago

Allowing Videos/Photos Of Rape Victims To Remain On Social Media Is Violative Of Their Fundamental Right To Privacy: Orissa HC Moots Statutory Recognition Of 'Right To Be Forgotten'

Live Law  

Emphasizing the need for statutory recognition of 'right to be forgotten', the Orissa High Court observed that allowing objectionable photos and videos of rape victims to remain on a social media platform is a violation of their right to privacy. Presently, there is no statute in India which provides for the right to be forgotten/getting the photos erased from the …

Delhi uploaded maximum child pornography material on internet in 5 months; over 25,000 cases reported
4 years, 11 months ago

Delhi uploaded maximum child pornography material on internet in 5 months; over 25,000 cases reported

India TV News  

Reports submitted by the National Center for Missing and Exploited Children in the US have revealed shocking facts in connection with child pornography material on the internet in India. According to the said reports submitted to the National Crime Records Bureau, more than 25,000 cases of suspected child pornography material have been put across various social media platforms in the …

RS panel calls for making monitoring apps mandatory on all devices to contain child pornography, demands amendment of POCSO and IT Acts
4 years, 11 months ago

RS panel calls for making monitoring apps mandatory on all devices to contain child pornography, demands amendment of POCSO and IT Acts

Firstpost  

New Delhi: To prevent sexual abuse of children and contain access to and transmission of child pornographic content on social media, a Rajya Sabha panel has made 40 recommendations, including making monitoring apps mandatory on all devices and amending the Protection of Children from Sexual Offences Act and the Information Technology Act. Expressing concern over the seriousness of the prevalence …

Discover Related