Thursday, November 25, 2010

viewing porn is not a crime:HC

Justice Vijaya Kapse-Tahilramani of the Bombay high court on Wednesday quashed obscenity charges against top customs officers who were arrested following a police raid at a bungalow in Lonavla in 2008. Merely viewing an "obscene" film in the privacy of a house is not obscenity as defined under Indian criminal law, the court ruled.

The customs officers were raided while allegedly watching a pornographic film on a laptop and dancing with bar girls, the police had claimed.

"Simply viewing an obscene object is not an offence," Justice Tahilramani said. "It becomes an offence only when someone has in possession such objects for the purpose of sale, hire, distribution, public exhibition or putting it into circulation. If the obscene object is kept in a house for private viewing, the accused cannot be charged (for obscenity)."