New Delhi: Quashing the criminal proceedings initiated against a person, The Kerala High Court said that watching porn quietly in private is not a crime of obscenity. Police arrested the accused from the roadside for watching obscene videos on his mobile phone.
Hearing the petition filed by the accused, Kerala High Court Judge Kunhikrishnan said that watching porn videos alone does not constitute an offence under obscenity.
As per a report of live law, 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 offence of obscenity under the IPC. The order states that watching such content is a person’s personal choice and the court cannot interfere in anyone’s privacy.
The Court said, “It is not an offence under Section 292 of the IPC. If the accused broadcasts or distributes or tries to show in public any obscene video or photograph, that alone would amount to an offence under Section 292 of the IPC.”
The Court stated that it did not need to recognize consensual sex or viewing obscene videos in privacy as these fell within the domain of society’s will and the legislature’s discretion.
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