Is watching porn in private an offence? Kerala High Court verdict says…

The Kerala High Court has recently ruled out that watching pornography in private, without sharing or exhibiting it to others, will not be considered an offense under Section 292 of the India Penal Code, Bar and Bench reported.

The high court’s verdict came as it quashed criminal charges against a man who was arrested by police from roadside for watching porn on his mobile.

The man was booked under Section 292 after he was spotted standing on the side of a road watching obscene videos on his phone.

Dismissing the charges, Justice PV Kunhikrishnan opined that such an act cannot be declared an offence because it is a citizen’s private choice and interference with the same would amount to intrusion of the person’s privacy.

“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,” the Court, as per Bar and Bench, said in its judgment.

Section 292 of the Indian Penal Code penalises the sale, distribution and display of obscene books and objects.

While announcing the judgement, the court categorically pointed out that Section 292 only applies when someone attempts to circulate, distribute, or publicly exhibit such material.

Furthermore, the high court also pointed out the historical existence of pornography, stating that it has been a part of human culture for centuries.

Meanwhile, the judgment also raised a cautionary note for parents concerning the potential dangers associated with giving mobile phones to their minor children without proper supervision. The court underscored the ease with which explicit content, including pornographic videos, can be accessed via mobile phones with internet connectivity.