Watching porn privately is not a legal offence: Kerala High Court

Watching pornographic photographs or videos in one's private time without showing it to others is not an offence under the law as it is a matter of personal choice, the Kerala High Court has said.

The ruling came in a case filed by the Kerala Police against a a 33-year-old man who was back in 2016 caught watching porn videos on his mobile phone on the roadside near Kochi's Aluva palace. The cops had filed a case of obscenity under Section 292 of the Indian Penal Code against the accused.

During the hearing, Justice P V Kunhikrishnan of Kerala High court held that pornography has been in existence for centuries, and the digital age has made it more accessible, even to children. In addressing the issue, the court posed the question: "Is watching a pornographic video in one's private time, without sharing it with others, an offense?" The court firmly asserted that it cannot be deemed an offense since it falls within the realm of personal choice and deeming it otherwise would violate an individual's privacy.


The court underscored that there were no allegations that the accused had publicly displayed the explicit material. Justice Kunhikrishnan clarified, "Watching an obscene photo or video privately is not an offense under Section 292 (obscenity) of IPC. Similarly, watching such content privately on a mobile phone is also not an offense under Section 292 IPC."

The court ultimately concluded that no offense under Section 292 of the IPC was applicable to the accused and subsequently quashed all proceedings in the magisterial court related to the case.

Additionally, Justice Kunhikrishnan offered a word of caution to parents, advising against providing mobile phones with internet access to children without proper supervision. The judge emphasized that allowing unsupervised access to mobile phones by minors could lead to serious consequences, considering the widespread availability of explicit content.

Justice Kunhikrishnan encouraged parents to engage their children in healthy activities and ensure their overall well-being. This includes engaging in physical activities like sports, enjoying homemade meals, and fostering a nurturing environment for their development.

The Kerala High Court's ruling clarifies the legal status of watching explicit content in private and underscores the importance of responsible parenting in the digital age.

With PTI Inputs