The Kerala High Court recently said that accidental or automatic downloading of child pornographic material does not constitute an offence under Section 67B(b) of the Information Technology Act (IT Act). It must be noted that Section 67B of the IT Act penalises the publication or transmission of material depicting children in sexually explicit acts, in electronic form. The high court bench of Justice A Badharudeen also said that the mere possession of pornographic content involving children without an intention to download it or without any intention to transmit, propagate, display or distribute it does not meet the criteria for an offence under Section 67B. The court observed while hearing a petition filed by Sebin Thomas, who challenged an order passed by a Fast Track Special Court in Thrissur on May 16. As per a report in Bar and Bench, the petitioner was facing charges under Section 15(2) of the POCSO Act and Section 67B(b) of the IT Act. HC on Pregnancy Termination: Can’t Force Victim of Rape To Give Birth to Child of Rapist, Rules Kerala High Court.

HC on Child Pornography

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