Is Watching Child Pornography a Crime in India? Kerala and Madras High Courts’ Rulings Explained – Know What the Law Says
On Monday, August 12, the Supreme Court heard a case related to child pornography. According to Live Law, the Supreme Court was challenged by a Kerala High Court decision, which stated that downloading pornographic videos involving children on a phone would not be considered a crime.
On September 13, 2023, the Kerala High Court, during a hearing, mentioned that if a person privately views obscene photos or videos, it is not a crime. However, if the person shares or shows it to others, it becomes illegal.
In fact, after both the Kerala High Court and, based on its ruling, the Madras High Court acquitted an accused, an NGO approached the Supreme Court. The Supreme Court has reserved its judgment on this matter for now.
Kerala High Court: Viewing Porn is a Personal Choice, Cannot be Interfered With
This ruling was delivered by a bench of Justice P.V. Kunhikrishnan of the Kerala High Court. Justice Kunhikrishnan stated that pornography has existed for centuries and, in today’s digital age, is easily accessible. It is available at the fingertips of both children and adults.
The question arises: if someone watches porn in their private time without showing it to others, is it a crime? As far as the court is concerned, it cannot be classified as a crime, as it may be considered a personal choice. Interfering in such matters would be equivalent to invading their privacy.
Madras High Court: Downloading Child Porn on a Phone is Not a Crime
Citing the remarks made by the Kerala High Court, the Madras High Court on January 11, 2024, dismissed a case against an accused under the POCSO Act. The Madras High Court stated that merely watching or downloading child pornography on one’s device does not fall under the purview of a crime.
The court made this observation during the hearing of a case involving a 28-year-old individual. The person was charged under the POCSO (Protection of Children from Sexual Offences) Act and the IT Act for possessing child pornography. The court dismissed the case against the accused.
Understanding the Laws on Watching Porn Videos in India: 3 Key Points
- Watching Porn Online: Watching porn online is not illegal in India. However, the Information Technology Act, 2000, prohibits the production, publication, and distribution of pornographic videos.
- Penalties Under IT Act: Sections 67 and 67A of the Information Technology Act, 2000, provide for a punishment of up to 3 years in jail and a fine of up to ₹5 lakh for those involved in such offenses.
- Related Legal Provisions: In addition to the IT Act, offenses related to pornography are also governed by sections 292, 293, 500, and 506 of the Indian Penal Code (IPC). In cases involving child pornography, action is taken under the POCSO (Protection of Children from Sexual Offences) Act.
Rapid Growth of the Porn Video Market in India
With the number of mobile phone users expected to reach 1.2 billion by 2026, the porn video market in India is rapidly expanding. Notably, the global website ‘Pornhub’ has reported that an average Indian user spends around 8 minutes and 39 seconds on a porn website.
Additionally, 44% of the users who watch porn are aged between 18 to 24, while 41% are between 25 to 34 years old.
In 2021, Google released a report stating that India ranks sixth globally in terms of porn viewership. Furthermore, according to Pornhub, Indian users are the third-largest group of visitors to their website.
