KOCHI: High Court said that it is not a crime for a person to view obscene pictures and videos on a mobile phone privately. However, the dissemination and display of footage is an offence under Section 292 of the Indian Penal Code, Justice PV Kunhikrishnan clarified.

The Single Bench made this clear by cancelling the case registered by Aluva police against a native of Angamaly Karukutty for allegedly watching obscene footage on his mobile phone. A case was registered against him on the charge of watching an obscene video on his mobile phone while standing on the roadside near Aluva Palace on the night of July 11. The petition was against this. Even if the petitioner confesses to the offence, the case registered under Section 292 of the Indian Penal Code will not stand. Further proceedings in the case were also quashed by Aluva Judicial First Class Magistrate Court.

Obscene literature has been around for centuries. In the digital age, these are at the fingertips. Interfering with a person's private viewing of obscene material is an invasion of his privacy, the High Court pointed out.