38.6c New Delhi, India, Sunday, April 21, 2024

Mere Possession Of Sexually Explicit Photos Not A Crime Under Indecent Representation Of Women (Prohibition) Act: Kerala HC [Read Judgment]

By LawStreet News Network      10 June, 2019 12:00 AM      0 Comments

The Kerala High Court in a recent order has held that mere possession of sexually explicit photos in private custody without circulation or publication will not amount to a crime under the Indecent Representation of Women (Prohibition) Act 1986.

The ruling was passed by a single judge Bench of Justice Raja Vijayaraghavan on petitions filed by a man and a woman under Section 482 of the Code of Criminal Procedure, 1973, praying to quash criminal proceedings initiated by the police against them under Section 6 of the Act for advertisement and publication of indecent pictures of a woman.

In August 2008, while police officers attached to the Kollam East Police Station were engaged in search operations they asked the man and the woman waiting at a bus station to hand over their bags. A video camera and a digital camera were found inside. On inspection, the police found that the camera contains few sexually explicit photographs and videos of the woman. Following this, criminal proceedings were initiated against them under Section 6 of the Act.

The learned counsel, appearing for the petitioners submitted before the court that the prosecution has no case as the pictures in private collection were not advertised or published by them.

On the other hand, the argument of the prosecution was that the photos and videos of the woman were taken by the man with the intention of circulating.

After hearing both the parties, the court noted that the prosecution had no case that petitioners had advertised or circulated the private pictures found in the cameras which were in their possession.

"If an adult person has a photograph of himself or herself in his or her possession which is sexually explicit in nature, the provisions of Act 60 of 1986 will not apply, unless the prosecution has a case that those photographs were distributed or published for advertisement or for any other incidental purpose,” the court said.

Thus holding that the evidence collected does not disclose the commission of any offence, the court invoked its inherent powers under section 482 of the Code to quash the criminal proceedings.

[Read Judgment]

Share this article:

User Avatar

Leave a feedback about this

Trending Judiciary
SC orders medical examination of 14-yr-old rape survivor seeking to terminate her 28-week pregnancy

Supreme Court orders medical examination of 14-year-old rape survivor seeking termination of 28-week pregnancy. Decision to be made after evaluating impact on her health.

20 April, 2024 11:00 AM


Trending Legal Insiders
Need to safeguard judiciary from unwarranted pressures: 21 ex-judges write letter to CJI

21 ex-judges write to CJI Chandrachud urging protection of judiciary from pressures undermining its integrity and autonomy.

15 April, 2024 12:17 PM
Trending Judiciary
SC notice to ED; declines early date on plea by Delhi CM Arvind Kejriwal against arrest

SC issues notice to ED, declines early hearing on Delhi CM Kejriwal's plea against arrest in liquor scam.

15 April, 2024 03:08 PM
Trending Law School
Call For Chapters: Gender-Based Violence and Religion

Calling For Book Chapters: As an editor, Dr. Amit Anand, Assistant Professor, School of Legal Studies, REVA University, Bengaluru, is inviting people to contribute to a book, entitled "Gender-Based Violence and Religion." This book is scheduled to be published by Cambridge Scholars Publishing.

15 April, 2024 04:21 PM
Trending Top Stories
Cannot stop any public rally, Bombay HC on allegation that Ram Navami processions deliberately pass through Muslim-majority areas

The Bombay High Court calls upon the Maharashtra Police to ensure that no law and order issues occur during a Ram Navami rally in a Muslim-majority area in Mumbai.

15 April, 2024 06:36 PM


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email