Kochi: The Kerala high court said that proof of age is not always required in cases where child pornography has been viewed or shared. The court also suggested that it is enough to consider whether the model in the shared video looks like a child.

The high court examined this issue when the defendant raised the claim that the age of the child in the video could not be proven in cases related to child pornography. Based on this, Justice K Babu issued the order and Adv Ranjith B Marar, Adv John S Ralph and others who were appointed as amicus curiae assessed the issue.

As per the court’s order, the court can take further action if it is confirmed that the model in the image/video looks like a child. There is no need to seek expert advice in such a situation. If one is convinced that the age of the child is close to 18, then opinion may be sought, it said. The court can make a decision if it is convinced that the child is under 16 years of age. 

The order further stated that proof of the child’s identity should also not be required as it is impractical. Such a requirement defeats the purpose of the POCSO act, the court opined. The high court clarified this considering the challenge of proving age of child models in obscene videos, including those present on the internet.