According to the Karnataka High Court, keeping child-related obscene material on the phone is a serious offense under POCSO and IT Act. The court rejected the plea of not sending the content. The accused will now have to face trial.
Bengaluru: If you have obscene videos or pictures related to children in your mobile phone, you may be in trouble. Karnataka High Court has made it clear in an important decision that even merely keeping (storing) such content on the phone is a serious offense under the Protection of Children from Sexual Offenses (POCSO) Act and the Information Technology (IT) Act.
Case of Thrissur district of Kerala
- This case pertains to 38 year old P.J., resident of Thrissur district of Kerala. Is connected to Binoj. An FIR was registered against him under Section 15 of the POCSO Act-2012 and Section 67(B) of the IT Act-2000. Binoj had applied in the High Court to cancel this FIR and the trial court proceedings.
- The bench of Justice M. Nagaprasanna heard this application. Binoj’s lawyer argued that he has not sent the videos and pictures found in his mobile to anyone, hence a case cannot be filed against him under POCSO and IT Act. But the High Court completely rejected this argument.
- The court said, “Not only spreading obscene videos or pictures related to children, but also keeping them on the phone is a crime under Section 15 of the POCSO Act. The Supreme Court has also made its stand clear on this.”
- The High Court further said that just because the accused did not forward the content to anyone, he cannot be acquitted of the crime. The trial court has already framed charges against the accused and the case is at the evidence stage. The court said, “The accused will have to face trial and prove his innocence there. We cannot interfere at this stage.” Saying this, the bench rejected Binoj’s application.
What is the whole matter?
- Accused P.J. Binoj was involved in another criminal case. During the investigation, the police had confiscated his mobile phone. When the phone was sent to the Forensic Science Laboratory (FSL), investigation found a lot of indecent images and videos related to children inside the storage box.
- Subsequently, Bengaluru’s Commercial Street police station registered a fresh FIR against Binoj under Section 67(B) of the IT Act and Section 15 of the POCSO Act. Creating, browsing, storing and spreading child pornographic content are all punishable offenses under these sections. After completion of the investigation, the police filed a charge sheet. The trial was going on after framing charges against the accused in a special court (FTSC-1) in Bengaluru. Binoj had reached the High Court to stop this trial.