A single bench, Justice P V Kunhikrishnan of Kerala High Court while quashing the criminal proceedings initiated against a man for watching a pornography on his mobile, held that watching a porn video in private time without exhibiting to others will not be considered as an offence under section 292 of Indian Penal Code.

The bench added that it is his private choice and interference on that amounts to an instusion of his 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,” Court observed. It added, “I am of the considered opinion that, watching of an obscene photo by a person in his privacy by itself is not an offence under Section 292 IPC. Similarly, watching of an obscene video by a person from a mobile phone in his privacy is also not an offence under Section 292 IPC. If the accused is trying to circulate or distribute or publicly exhibits any obscene video or photos, then alone the offence under Section 292 IPC is attracted.”

The petition was filed by the man who was arrested by police for watching the porn videos.

While quashing the criminal proceedings, the bench held that there must be any evidence to show that the man sells, distributes, publicly exhibits or in manner outs into circulation, or for purpose of sale, hire, distribution, public exhibition or circulation, makes, produces or has in his possession any obscene book, pamphlet, paper, drawing, painting, representation or figure or any other obscene object whatsoever, to attract the offence under section 292 of Indian Penal Code.  

However, the bench cautioned parents regarding danger in handing over mobiles without supervisions by them. And further said that “Instead of purchasing food from restaurants through ‘swiggy’ and ‘zomato’, let the children taste the delicious food made by their mother and let the let the children taste the delicious food made by their mother and let the children play at play grounds at that time and come back home to the mesmerizing smell of mother’s food. I leave it there to the wisdom of the parents of minor children of this society.”