Karnataka High Court
The Karnataka High Court has withdrawn its recent order. It said that merely watching child pornography is not a crime under the IT Act. A single bench of Justice M Nagaprasanna withdrew the order saying that the bench had misread Section 67B while passing the order on Thursday. The bench said that we are also human beings and we make mistakes. There is always a chance to improve. An investigation will be conducted in this regard and a new order will be given. This order is canceled.
What did the bench say on the decision?
The bench also said that the order was passed under Section 67B (A) of the IT Act after a petition was filed by the state government in this regard. Section 67B of the IT Act states that creating, collecting, searching, browsing, downloading, advertising, transmitting, exchanging or sharing text or digital images depicting children in an obscene, indecent manner comes under investigation under this section.
The accused was given relief
Earlier, the High Court had said that merely watching child pornography is not a crime under the provisions of the IT Act. This decision of the High Court had given relief to the person accused of watching a website containing child pornography for 50 minutes. A complaint was filed against the petitioner in March 2022 under Section 67B (publishing or transmitting material related to children) of the IT Act. The counsel for the petitioner argued that Section 67B cannot be applied in such a case, as his client had only viewed the website and did not transmit anything.
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