In a significant legal ruling, the Kerala High Court has determined that watching pornographic content in private, without exhibiting it to others, does not constitute an offense under Section 292 of the Indian Penal Code (IPC). This landmark decision highlights the importance of safeguarding an individual’s privacy rights within their personal space.
The case in question involved a man who was arrested by Kerala police in July 2016 for watching obscene videos on his mobile phone while standing near the Aluva municipality. Subsequently, the accused sought to have the criminal proceedings initiated against him under Section 292 of the IPC quashed.
Justice P.V. Kunhikrishnan, delivering the judgment, framed the central question as follows: “Does a person watching a pornographic video in the privacy of their own space, without exposing it to others, amount to an offense?” The court’s unequivocal response was that such an act is a matter of personal choice and should not be considered an offense. Any attempt to criminalize this private conduct would constitute an unwarranted intrusion into an individual’s privacy.
Importantly, the court noted that there was no evidence to suggest that the accused had publicly exhibited the video. Therefore, the charge under Section 292 of the IPC, which pertains to obscenity, was deemed inapplicable.
The ruling serves as a crucial reminder that while laws exist to address public obscenity and indecency, they must not infringe upon an individual’s right to privacy within their private domain. It underscores the need to differentiate between private and public behavior in cases related to obscenity laws.
In addition to the legal aspects of the case, Justice Kunhikrishnan issued a cautionary note to parents. He advised parents to exercise vigilance when providing mobile phones with internet access to their children. The judge emphasized that parents should be aware of the potential dangers and take steps to ensure responsible mobile phone usage, especially concerning access to explicit content. Supervision of children’s mobile phone activities was strongly encouraged to prevent them from inadvertently encountering inappropriate material.
This ruling reinforces the principle that individual privacy rights must be respected, even in cases involving sensitive matters like obscenity. It sets a precedent for protecting privacy within one’s personal space and refrains from criminalizing private conduct that does not harm or infringe upon the rights of others.
