Viewing Child Pornography Not a Crime: Karnataka High Court

In a controversial ruling, the Karnataka High Court has stated that merely viewing child pornography does not constitute a crime under Section 67B of the Information Technology Act, 2008. This decision has sparked significant debate about the legal implications of consuming such material, especially in a society that is increasingly concerned about child exploitation and pornography.

The case involved N Inayathulla, a 46-year-old Bengaluru resident accused of accessing child pornographic content after a cyber tipline flagged his IP address. The court found that the allegations against Inayathulla did not meet the criteria for prosecution under the law, as he had not published or transmitted the material but had only viewed it.

Justice M. Nagaprasanna emphasized that Section 67B focuses on dissemination rather than consumption. He stated, “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”

This ruling raises important questions about the legal framework surrounding child pornography and the responsibilities of individuals who consume such content. Critics argue that this decision could create a dangerous precedent, potentially undermining efforts to combat child exploitation.

People fighting for stricter laws believe that viewing child pornography should be treated as a serious offence, as it contributes to the demand for such material and ultimately supports the exploitation of vulnerable children.