The Kerala High Court has held that watching pornography privately without exhibiting it to others does not amount to an offence, Bar and Bench reported on Tuesday.

The court made the observations while quashing a criminal case filed against a man in 2016 by the Aluva police of the Ernakulam district for watching a pornographic video on his mobile phone on a street near Aluva Palace at night.

The man was booked under Section 292 of the Indian Penal Code that deals with sale, distribution, public exhibition, import and export among others things of obscene material.

In his judgement on September 5, Justice PV Kunhikrishnan held that such an act is a citizen’s private choice and interfering with it would violate his privacy. The judge added it would have been an offense if the accused person was trying to circulate or distribute or publicly exhibit any obscene video or photo.

“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 the legislature,” the judge said. “The duty of the court is only to find out whether it amounts to an offence.”

The court said that to attract an offence under Section 292 of the Indian Penal Code, “there must be evidence to show that the accused sells, lets to hire, distributes, publicly exhibits or in any manner puts into circulation, or for purposes of sale, hire, distribution, public exhibition or circulation, makes, produces or has in his possession any obscene book, pamphlet, paper, drawing, painting, representation or figure or any other obscene object whatsoever”.

The court then quashed the case against the man.

Justice Kunhikrishnan also said that pornography has existed for centuries and it is only that the internet has made it more accessible these days.

He, however, cautioned parents of minor children against buying them mobile phones.

“Watching pornography may not be an offence,” he pointed out. “But if minor children start to watch porn videos, which are now accessible on all mobile phones, there will be far-reaching consequences.”