In a recent judgment, the Kerala High Court ruled that watching pornography in private without exhibiting it to others is not an offense.
The court stated that such an act is a citizen's private choice and does not fall under the purview of Section 292 of the Indian Penal Code (IPC), which penalizes the sale, distribution, and display of obscene books and objects.
Private Choice and 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?
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"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 while delivering the judgement.
Case Background
The case pertains to a man who was booked under Section 292 IPC for watching obscene videos on his mobile phone while standing on the side of a road.
The prosecution argued that the accused was displaying obscene content in public, thereby committing an offense.
However, the defense countered that even if the allegations were true, no offense had been committed as the accused was merely watching the videos in private.
"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 Court ruled.
Observations by the Court
During the hearing, Justice Kunhikrishnan noted that pornography has been around for centuries and that its accessibility has increased due to the advent of the internet.
"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 Court stated.
The court also clarified that while sex between a man and a woman within marriage is considered acceptable, consensual sex between unmarried individuals is not illegal in India.
"But God designed sexuality as something for a man and a woman within marriage. It is not only a lust but also a matter of love and for having children too. But a male and female who have attained majority, doing sex with consent is not an offence.
"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.
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