Karnataka HC: Storing Child Pornography Is a Criminal Offence
Karnataka High Court Rules Possession of Child Pornography Illegal
The Karnataka High Court has clarified that merely storing child pornography on a mobile phone constitutes a criminal offence, even if the content is not shared with others. The court made the observation while hearing a petition filed by an individual seeking to quash criminal cases registered against him.
Court Clarifies Legal Position Under IT Act and POCSO
In its remarks, the court stated that possession of videos or photographs related to child pornography falls under punishable offences. It cited provisions of Section 67B of the Information Technology Act and Section 15 of the Protection of Children from Sexual Offences (POCSO) Act.
According to the court, the law treats the storage of such content as a violation regardless of whether it is circulated or transmitted. The bench noted that keeping such material in mobile phone storage itself amounts to an offence under the relevant legal provisions.
Petition Seeking Case Dismissal Rejected
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The observation came during the hearing of a petition filed by a person accused of saving obscene videos on his phone. The petitioner had approached the High Court requesting that the criminal cases registered against him be dismissed.
However, the court refused to quash the cases. It held that the allegations fall within the scope of offences defined under the Information Technology Act and the POCSO Act, and therefore require legal scrutiny through proper judicial proceedings.
Legal Context of Child Pornography Laws
Indian law treats offences related to child sexual exploitation with strict penalties. Section 67B of the Information Technology Act specifically addresses electronic transmission, publishing, or possession of material depicting children in sexually explicit acts.
Similarly, Section 15 of the POCSO Act deals with the storage and possession of such material. Courts have repeatedly emphasised that even personal possession of child sexual abuse material is considered a serious offence.
The Karnataka High Court’s remarks reinforce the legal position that individuals cannot claim immunity merely because the content was not shared with others.
