Karnataka HC Retracts Ruling on Viewing Child Pornography Online

The Karnataka High Court has retracted its July 10 order that stated individuals viewing child pornography online could not be prosecuted under Section 67B of the IT Act. A judicial oversight was identified, leading the court to reinstate charges and allow further investigation into the case.

The Karnataka High Court has reversed its July 10 order that declared individuals viewing child pornography online could not be prosecuted under Section 67B of the Information Technology Act.

Justice M Nagaprasanna, presiding over a single judge bench, acknowledged an oversight regarding Section 67B(b) of the Act. Initially, charges against Inayathulla N were dismissed, with the court ruling that merely accessing such content did not constitute 'publishing or transmitting material.'

Upon a recall application by the state, the court realized it had neglected Section 67B(b), which includes creating, collecting, seeking, browsing, downloading, advertising, promoting, exchanging, or distributing obscene material depicting children. The court stated that their initial ruling had erred, resulting in an improper annulment of proceedings.

The court rejected the petitioner’s counsel's argument that the recall was barred by Section 362 of the CrPC, emphasizing its inherent powers under Section 482 of the CrPC for such revisions. The court underscored human fallibility in judicial decisions, noting 'Judges are also humans, and infallibility is not known to humanity,' and permitted further investigation into the case.