Mere possession of obscene materials no offence: Kerala HC

Mere possession of obscene books or materials without exhibiting it for sale or circulation is not an offence, the high court has said.

The decision by Justice P Ubaid came on a petition filed by Mohammed Rafeeque of Perinthalmanna through advocate Shajin S Hameed. After seizing obscene books from a shop, police had booked the petitioner, who was present there, for selling obscene books (Section 292(1)(a) of Indian Penal Code).

In the judgment, the court said, "An accused can be found guilty and convicted under Section 292(1)(a) IPC only if there is evidence to show that he had sold, or distributed, or publicly exhibited, or in any manner put in circulation... any obscene matter. Mere possession of some obscene material without exhibiting it for sale, or circulation, cannot be punished under Section 292(1)(a) IPC".


The investigating officer admitted fairly that the books seized by him were not in fact kept there for sale, or that he had not seen such materials being kept or exhibited there for sale or circulation. If so, there cannot be a conviction under Section 292(1)(a), it added.

Even if it is assumed that the books were kept there for sale or that the shop owner possessed it for sale or circulation, the evidence of the investigating officer does not contain anything to show that the accused is the shop owner or employee, the court pointed out.

The obscene books were seized in a raid conducted by Perinthalmanna circle inspector at a shop on May 2, 2001. A trial court had found the petitioner guilty and convicted him. Allowing the revision petition, the court set aside the conviction and acquitted the petitioner.