Kerala/Hyderabad, Sept 13 (Maxim News): Kerala High Court has said that viewing obscene photos or videos in private does not constitute obscenity under Section 292 of the Indian Penal Code.
The Kerala High Court gave its verdict on September 5 after considering the plea of a man who was arrested by the police for watching obscene videos on a mobile phone while standing on the roadside near Aluva Municipality in July 2016. The accused approached the Court to quash the criminal cases registered against him under Sectio 292.
“The question to be decided in the case is whether it is an offense for a person to watch a porn video in private. The court will not criminalize it for the simple reason that it is his personal choice. Likewise, interfering in this matter would violate his privacy, Justice PV Kunhi Krishnan issued the order. Citing details of the case, the Court said the prosecution did not allege that the petitioner had shown the video in public.
“Viewing obscene photos or videos by a person without anyone’s knowledge is not an offense under Section 292 IPC, the judge ruled. “If the accused tries to broadcast or distribute or display in public any obscene videos or photos, it is only punishable under Section 292 IPC, it said. (Maxim News)
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