Karnataka High Court Recalls Order Stating Only Viewing Child Pornography Not An Offence

The Karnataka High Court has recalled its recent order, which stated that only viewing child pornography is not an offence under the IT Act.

A division bench of Justice M. Nagaprasanna withdrew the order stating that the bench had earlier ‘misread’ Section 67B (b) while passing the order on Thursday.

“We are also human beings and mistakes do happen on our side. There is always an opportunity for corrections. An inquiry will be done in this regard and a new order will be delivered. This order is cancelled,” the bench said.

It also noted that the order was passed under Section 67B (a) of the IT Act, following a petition filed in this regard by the state government.

Section 67B (b) of the IT Act states that creating text or digital pictures, collecting, searching, browsing, downloading, making advertisements, circulating, exchanging, or picturising children in an obscene, indecent manner is open for investigation under the section.

The high court had earlier observed that only watching child pornography is not an offense under the provisions of the IT Act, granting relief to a man accused of viewing a website containing child pornography for 50 minutes.

The complaint was registered against the petitioner under Section 67B of the IT Act (publishing or transmitting material containing children) in March 2022.

The petitioner’s counsel argued that Section 67B could not be applied in the case as his client had only viewed the website, and not circulated anything.