Information Technology Act, 2000
Section 67B and Section 14(1) of the POCSO Act—Downloading pornographic materials pertaining to children—Prayer to quash proceedings—In order to constitute an offence under Section 67B of the IT Act, the accused person must have published, transmitted, created material depicting children in sexual explicit act or conduct—Even though Section 67B of the Act, has been widely worded, it does not cover a case where a person has merely downloaded in his electronic gadget, a child pornography and he has watched the same without doing anything more—Materials that have been placed before the court does not make out an offence against petitioner under Section 67B of the IT Act and Section 14(1) of the POCSO Act—Continuation of proceedings against petitioner will amount to abuse of process of court—Proceedings quashed as prayed for.
[Paras 10, 12 & 18]