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Synopsis

The Karnataka High Court, in a significant verdict, has clarified that merely viewing a pornographic website without any intent to publish or transmit such material, does not amount to an offence under Section 67B of the Information Technology Act, 2008.

Justice M. Nagaprasanna, presiding over the court, made the observation while hearing a case against the petitioner, Inayathulla N., accused of viewing child pornographic material on March 23, 2022. A cyber Tipline flagged the incident, tracing the IP address to Inayathulla’s mobile number and 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, which deals with the Punishment for publishing or transmitting of material depicting children in sexually explicit act, etc. in electronic form.

The central question for the consideration of the court was whether watching pornographic material, particularly child pornography, falls under the purview of Section 67B of the IT Act.

The court, after hearing arguments from both sides, determined 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 court emphasised that the essence of Section 67B lies in the dissemination of explicit material involving children. “At best, as contended, the petitioner could be a porn addict, who has watched pornographic material,” it said.

Referencing the apex court judgment in the case of ‘State of Haryana v Bhajanlal’, which outlines instances where the court's extraordinary powers can be exercised to prevent abuse of the legal process. The court observed that “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.”

The court conclusively ruled, “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,” while exercising its powers under Section 482 and quashing the criminal proceedings against the petitioner.

 

Cause Title: INAYATHULLA N v STATE BY POLICE SUB-INSPECTOR BENGALURU [CRL.P No. 13141 of 2023]