Bengaluru: In a recent development, the Karnataka High Court has revoked its earlier ruling that viewing child pornography alone does not constitute an offence under the IT Act. The decision was withdrawn by a division bench of Justice M. Nagaprasanna, who admitted to a misinterpretation of Section 67B (b) during the initial judgment issued on Thursday.
Acknowledging the Error
“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 stated.
The initial ruling, based on Section 67B (a) of the IT Act, was prompted by a petition from the state government concerning the interpretation of the law.
Clarification on Section 67B
Section 67B (b) of the IT Act specifies that activities such as creating, browsing, downloading, or circulating obscene images of children are subject to investigation. The court’s reconsideration followed an earlier decision that had provided relief to an individual accused of viewing child pornography on a website for 50 minutes.
In the March 2022 case, the petitioner argued that Section 67B did not apply since he had merely viewed the content and not engaged in distribution.
This course correction by the Karnataka High Court highlights the judiciary’s vigilance in interpreting and applying laws pertaining to sensitive issues such as child pornography under the IT Act.