Kerala HC to examine if age of 'model' need to be proved in child pornography cases

The Kerala High Court will soon consider crucial questions regarding the relevance of the age of the "model" in child pornography cases.

This question surfaced when the court was considering a petition moved by a man who was accused of committing offences punishable under the Pocso Act and of the of the Information Technology Act, 2000 (IT Act) both pertaining to possessing and/or transmitting child pornography.

A special fast track court in Thrissur had dismissed the petitioner's plea to discharge him and instead, charged him under the above sections.

The Kerala High Court, while considering the petition against the refusal of the trial court to discharge him, stayed the trial.

One of the main arguments raised in the revision petition was that the age of the persons in the pornographic material alleged to have been recovered from the petitioner's devices cannot be proven to be below 18 years to qualify them as children.

The court appointed an amicus curiae for his assistance, who has now filed his report and the court will soon consider the revision petition based on his report along with other connected matters.