THIRUVANANTHAPURAM: The Kerala high court in a recent ruling stated that “watching pornography in private is not an offence”.
The Kerala high court made this remark while acquitting a man, who was accused of watching obscene videos.
The man was booked under Section 292 of Indian penal code (IPC) for watching obscene videos on his mobile phone while standing on the side of a road.
The Kerala high court ruled that watching pornography in private without exhibiting it to others is not an offense.
The Kerala high court stated that such an act is a citizen’s private choice and does not fall under the purview of Section 292 of the IPC.
Section 292 of IPC penalises sale, distribution and display of obscene books and objects.
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“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,” said Justice PV Kunhikrishnan of Kerala high court.
“Pornography has been in practice for centuries. The new digital age has made it more accessible than ever before and it is available even to children and adults at their fingertips,” the Kerala high court stated.
The Kerala high court also clarified that consensual sex between unmarried individuals is not illegal in India.
“Consensual sex between a man and woman is not an offence in our country, if it is within their privacy. A court of law need not recognise consensual sex or watching of a porn video in privacy because these are within the domain of the will of society and the decision of legislature. The duty of the court is only to find out whether it amounts to an offence,” the judgment said.