Kerala High Court: Recently the Kerala High Court had quashed the criminal proceedings initiated against a man who was arrested by the police for watching obscene videos on the roadside. Actually, the accused filed a petition in the High Court regarding this matter. Hearing the case, Kerala High Court Justice P.V. Kunhikrishnan said that watching porn videos alone does not constitute an offense under obscenity.
‘Watching such content is someone’s personal choice’
The court said that if someone watches an obscene video ‘privately’ and does not send it to anyone else or does not watch it in public, then it will not amount to the offense of obscenity under the IPC. The court said that watching such content is a person’s personal choice and the court cannot interfere in his privacy.
‘Can’t interfere in someone’s personal choice’
According to the report of Live Law, the court said, “The question in this case is whether a person watches a porn video in his private time without showing it to others, then it comes under the category of crime? A court of law cannot declare that it amounts to a crime because it is his personal choice and we cannot interfere in it.”
‘Watching porn alone is not a crime’
During the hearing, the Justice further said, “I am of the opinion that viewing of obscene photographs by a person in his privacy does not in itself constitute an offense under Section 292 of the IPC. “If the accused broadcasts or distributes or tries to show in public any obscene video or photo, the same would constitute an offense under Section 292 of the IPC.”
High Court made this request to parents
At the same time, Justice Kunhikrishnan warned parents that there is a danger in giving mobile phones to minor children without supervision, as porn videos are easily available on the internet and if children watch them, it can have serious consequences. Therefore the Court has exhorted parents to expose children to informative news and videos and send them for outdoor activities instead of playing with mobile phones.
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