In the digital era, accessing pornography has become more convenient, thanks to its widespread availability. In light of this, the Kerala High Court (HC) has observed that privately viewing pornography, without sharing or displaying it to others, will not be considered a legal offense, as it falls within the realm of personal choice.
The high court’s ruling came as it dismissed criminal charges against an individual who had been apprehended by the police under Section 292 for watching pornography on his mobile while standing on the roadside
Let us now have a closer look at the case and what the Kerala HC said.
Court’s Order
Justice PV Kunhikrishnan, in his ruling, acquitted the defendant by asserting that this behavior should not be subject to criminalization since it constitutes an individual’s private decision, and any interference with it would infringe upon their right to privacy.
This decision was issued in response to the accused’s petition to annul the FIR and the ongoing court proceedings against him related to the case. The prosecution contended that the accused had been displaying explicit content in a public setting, which was deemed unlawful.
In contrast, the defense contended that even if the allegations were valid, no criminal act had occurred since the accused was merely viewing the videos in a private setting.
Justice Kunhikrishnan said “If the accused is trying to circulate or distribute or publicly exhibit any obscene video or photos, then the offense under Section 292 IPC is attracted.”
Also Read: “Marital Rape Occurs When The Husband Is Under Notion That Body Of His Wife Owes To Him,” Kerala HC Upholds Marital Rape As Grounds For Divorce
Digital Age Has Made Pornography Easily Accessible
During the court proceedings, Justice Kunhikrishnan mentioned that pornography has been in existence for centuries, and the internet has significantly increased its accessibility in recent times.
The court observed that pornography has a long historical presence, and in today’s digital era, it has become easily accessible, even at the fingertips of both children and adults.
A Reminder For Parents
Justice Kunhikrishnan also advised parents against providing their children with internet-enabled mobile phones solely for the purpose of keeping them content. He suggested that parents should allow their children to view informative news and videos from their own mobile phones while in their company.
Justice Kunhikrishnan emphasized that if minors were to inadvertently come across explicit videos, which are now readily available on all mobile phones, it could have significant and long-lasting repercussions.
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