Even if an adult has a nude photograph in possession which is sexually explicit in nature, the provisions of the Act Indecent Representation of Women (prohibition) will not apply.
The High Court quashed a criminal case against a lady Smitha and her friend in the Kollam magistrate court. The court said that it was a wrongful arrest violating provisions of the Act.
In 2008, Smitha and her friend were arrested while they were standing in the Kollam bus stand and the camera they had in their possession seized.
The police told the Court that the cameras seized from them had photos and videos which contained indecent representation of women. But the accused said that to constitute an offence as per the Act, there has to be evidence that they sold or distributed or circulated any material in any form.
The High court said that the prosecution has no evidence to that effect.
The police have no case that the accused have advertised or circulated or published any photos or videos in their possession hence there is no way but to quash the case in the magistrate's court, the High Court said. There is no evidence at all to disclose any offence as per the Act. So the case in the lower court cannot be justified.