Watching pornography at private residence no offence, Bombay high court holds

Watching an obscene film at a private residence does not constitute an offence, Bombay high court today held.

The court quashed the the criminal case under section 292 (public exhibition of obscene material) of Indian Penal Code against 28 men and 11 women, some of them customs officials.

There was no "public exhibition" as specified in the IPC, Justice VK Tahilramani held.

Police had filed the criminal cases under the petitioners after busting a "rave party" at Taj Cottage, Prichly Hill, Lonavala on August 26, 2008.

Police alleged that men were intoxicated, were throwing money at dancing women, and watching a porn film.

But high court upheld the contention that the film was being watched at a private residence, and the Cottage was not a hotel or a lodge, so it could not be termed as a "public place".

Justice Tahilramani said it was not even the prosecution's case that anyone from the public could walk into it at any point.

"Hence, it cannot be said that there was any public exhibition of obscene films in the bungalow," she said, quashing proceeding under section 292.