Supreme Court Lays Down Comprehensive Guidelines To Prevent Misuse Of POCSO Act In Matrimonial Disputes Land Reforms Act | Joint Application For Pre-Emption By Adjoining Landowners Is Maintainable: Calcutta High Court Ocular Evidence In Conflict With Medical Findings Or Withholding Of Natural Witnesses Vitiates Prosecution Case: Allahabad High Court Compassionate Appointment Claim Must Be Decided Based On Policy Prevalent At Time Of Death: Bombay High Court Section 376 IPC | Failure To Prove Initial Dishonest Intent In Marriage Promise Renders Sexual Relationship Consensual: Allahabad High Court Prolonged Incarceration And Delay In Trial Are Valid Grounds To Invoke Constitutional Right To Speedy Trial Under Article 21 In UAPA Cases: Delhi High Court Motor Vehicles Act | Insurer Liable To Pay And Recover Compensation For Gratuitous Passengers In Goods Vehicles: Gujarat High Court Proof Of Demand And Acceptance Under PC Act Must Be Evaluated Based On Preponderance Of Probabilities In Rebuttal: Kerala High Court Tenancy Claim | Mere Possession Without Lawful Foundation Or Identification Of Tenanted Land Cannot Confer Occupancy Rights: Karnataka High Court 125 CrPC | Maintenance Cannot Be Evaded By Claiming Physical Disability If Conduct Indicates Concealment Of Financial Means: Kerala High Court M.P. Municipal Corporation Act | Locus Standi Under Section 307(5) Limited To Residents Of The Municipal Area: Madhya Pradesh High Court Writ Jurisdiction | Belated Challenge To Disciplinary Action After Superannuation Amounts To Laches; Petition Dismissed: Punjab & Haryana High Court Order 39 Rule 1 & 2 CPC | Mere Pendency Of Partition Suit Does Not Entitle Plaintiff To Injunction Restraining Reconstruction Of Residential Building: Kerala High Court Not A Mere Breach Of Contract: Telangana High Court Refuses To Quash FIR In ₹73 Crore Garment Investment Fraud Section 482 CrPC | High Court Quashes FIR Following Private Compromise In Non-Heinous Dispute Arising From Civil Conflict Mere Involvement In Criminal Case Does Not Constitute Moral Turpitude To Deny Public Appointment: Telangana High Court Pendency Of Investigation Cannot Be A Blanket Ground To Deny Permission For Foreign Travel: Rajasthan High Court Fraudulent Representation By Counsel Vitiates Ex Parte Decree: Punjab & Haryana High Court Holds Professional Misconduct As Evidence Of Fraud Writ Jurisdiction | Suppression Of Material Facts Regarding Pending Criminal And Departmental Proceedings Renders Petition Liable To Dismissal: Orissa High Court Banking Fraud | Failure Of Bank Official To Conduct Physical Inspection Of Collateral Property Constitutes Criminal Conspiracy And Abuse Of Official Position: Madras High Court Fraud Vitiates Judicial Proceedings: Judgment Obtained Through Misrepresentation And Conflict Of Interest Cannot Be Sustained, Holds Punjab And Haryana High Court Discovery Under Section 27 Evidence Act From Publicly Accessible Place Requires Caution: Supreme Court Mere Recovery Of Articles At Instance Of Accused Without Independent Corroboration Cannot Sustain Conviction: Supreme Court DNA Profile Must Be Supported By Other Conclusive Evidence To Prove Guilt: Supreme Court

Watching Obscene Content in Private Not an Offence Under Section 292 IPC: Kerala High Court

04 September 2024 11:33 AM

By: Admin


In a significant ruling, the Kerala High Court has clarified that watching obscene content in private does not constitute an offence under Section 292 of the Indian Penal Code (IPC). The judgment was delivered by The Honourable Mr. Justice P.V. Kunhikrishnan on September 5, 2023.

The case in question involved a petitioner accused of watching obscene videos on his mobile phone in a public place. However, the court noted that there was no evidence to suggest that the accused had distributed or publicly exhibited the content. Section 292 of the IPC requires evidence of sale, distribution, or public exhibition to establish an offence.

The judgment drew upon previous legal precedents, including the cases of Ramesh Krishnan v. State of Kerala and Abdul Rasheed v. State of Kerala. These cases emphasized the importance of considering the circumstances surrounding the possession of obscene material and the presence of a mercenary interest in its possession for it to be considered obscene.

In the final verdict, the court acquitted the accused and quashed all further proceedings in the case, highlighting that no offence under Section 292 IPC had been established.

Justice Kunhi krishnan also took the opportunity to address parents, urging them to exercise caution regarding their minor children's exposure to pornography. He emphasized the easy accessibility of such content on mobile phones and encouraged parents to supervise and guide their children's internet use to safeguard their well-being and moral values.

This landmark ruling underscores the distinction between private consumption of explicit material and actions that involve distribution or public exhibition, providing clarity on the interpretation of Section 292 IPC.

Date of Decision: September 5, 2023

ANEESH vs STATE OF KERALA

Latest Legal News