Karnataka High Court Rules Storing Obscene Child Content on Phone Is a Punishable Crime Under IT and POCSO Acts

The Karnataka High Court ruled that merely storing obscene videos or photos of children on a phone is a punishable crime under the POCSO and IT Acts. P.J. Binoj faces trial in Bengaluru for violating these laws.

Karnataka High Court

Bengaluru: Here's a major heads-up for everyone. If you have any obscene videos or photos of children on your mobile phone, you could land in serious trouble. The Karnataka High Court has made it crystal clear that even just storing such content on your phone is a serious crime under the Protection of Children from Sexual Offences (POCSO) Act and the Information Technology (IT) Act.

The Case from Thrissur, Kerala

• This whole matter is about a 38-year-old man named P.J. Binoj, who is from Thrissur district in Kerala. An FIR was filed against him under Section 15 of the POCSO Act, 2012, and Section 67(B) of the IT Act, 2000. Binoj had gone to the High Court to get this FIR and the trial court case against him cancelled.
• A bench led by Justice M. Nagaprasanna heard the petition. Binoj's lawyer argued that he never sent the videos and photos to anyone, so the charges under the POCSO and IT Acts don't apply. But the High Court completely rejected this argument.
• The court said, "It's not just spreading obscene videos or pictures of children that's a crime. Even just keeping them on your phone is an offence under Section 15 of the POCSO Act. The Supreme Court has also made its stand clear on this."
• The High Court added that the accused can't be let off the hook just because he didn't forward the content to anyone. The trial court has already framed charges against him, and the case is at the evidence stage. "The accused must face trial and prove his innocence there. We cannot interfere at this stage," the bench said, dismissing Binoj's petition.

What's the Full Story?

• The accused, P.J. Binoj, was initially involved in another criminal case. During that investigation, the police seized his mobile phone. When the phone was sent to the Forensic Science Laboratory (FSL), the examination revealed a large number of obscene pictures and videos of children inside storage.
• After this discovery, the Commercial Street police in Bengaluru filed a new FIR against Binoj. This time, it was under Section 67(B) of the IT Act and Section 15 of the POCSO Act. These laws make it a punishable crime to create, browse, store, and distribute such content involving children. After the investigation, the police filed a chargesheet. A special court in Bengaluru (FTSC-1) had framed charges against the accused and the trial was underway. Binoj had approached the High Court to stop this very trial.