In a significant ruling, the Karnataka High Court has quashed criminal proceedings against a man accused of watching pornographic content, clarifying that merely viewing such material does not constitute an offence under Section 67B of the Information Technology Act, 2008. The judgment was delivered by Justice M. Nagaprasanna in Criminal Petition No. 13141 of 2023.
Background of the Case
The petitioner, Inayathulla N., a 46-year-old resident of Hosakote, Bengaluru, was accused of viewing child pornographic material on March 23, 2022. The incident was flagged by a cyber Tipline, which tracked the IP address to Inayathulla’s mobile number and subsequently to his address. A formal complaint was registered two months later, on May 3, 2023, leading to the initiation of criminal proceedings under Section 67B of the IT Act.
Legal Issues Involved
The primary legal issue revolved around whether the act of watching pornographic material, specifically child pornography, falls under the purview of Section 67B of the IT Act. This section penalizes the publishing or transmitting of material depicting children in sexually explicit acts. The petitioner’s counsel, Sri. S. Jagan Babu, argued that the section was inapplicable as the petitioner did not publish or transmit any content but merely viewed it.
Court’s Decision
Justice M. Nagaprasanna, after hearing arguments from both sides, concluded that the allegations did not meet the criteria set forth in Section 67B of the IT Act. The court observed that the section specifically targets individuals who publish or transmit such material, not those who merely view it.
“The allegation against the petitioner is that he has watched a pornographic website. This, in the considered view of the Court, would not become publishing or transmitting of material, as is necessary under Section 67B of the IT Act,” stated Justice Nagaprasanna.
The court further referenced the Supreme Court’s decision in State of Haryana v. Bhajanlal, which outlines instances where the extraordinary powers of the court can be exercised to prevent abuse of the legal process. The court noted that even if the allegations were accepted as true, they did not constitute an offence under the IT Act.
Important Observations
Justice Nagaprasanna emphasized that the essence of Section 67B lies in the dissemination of explicit material involving children. The court stated, “At best, as contended, the petitioner could be a porn addict, who has watched pornographic material. Nothing beyond this is alleged against the petitioner. If the facts are pitted against the ingredients necessary to drive home Section 67B of the IT Act, what would unmistakably emerge is, further proceedings cannot be permitted to be continued, as it would become an abuse of process of law”.
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Case Details:
– Case Number: CRL.P No. 13141 of 2023
– Petitioner: Inayathulla N.
– Respondents: State by Police Sub-Inspector, Bengaluru CEN Crime Police Station, and others
– Bench: Justice M. Nagaprasanna
– Lawyers: Sri. S. Jagan Babu and Sri. Paramesh Kumar H.K. for the petitioner; HCGP Harish Ganapathi for the respondents
