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Watched cp by mistake Watched cp by mistake

3 months ago

It's almost two weeks, I was watching porn,i got on website showing teen porn i registered there, I downloaded videos to watch later, when I checked later I found that it is child porn, i deleted those videos (5-6) immediately and cleared all chrome data
I can't even eat or sleep well since that day
I also tried to kill myself, I'm so depressed now , I never looked at any child that way
Will I get arrested for this incident?
Will police come to home?
Or is it over for me?

Anik

Responded 3 months ago

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A.Dear client,

As per the IT act, Section 68B punishes any one who has transmitted or publishes any material regarding child pornography will be punished. Subsequently, according to the POCSO Act, as per section 15-18 a person is punishable for circulating child pornography.

The Madras and Kerala High court recently held that a person cannot be liable for punishments if he just downloads and watches Child pornography. You will not be punished as per the act, as it only deals with punishment when the content is transmitted or published by you.

Since you have already deleted the videos, you will not be punished or arrested. In any instance of accusations, please refer to an advocate regarding the same.

Thank you
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 3 months ago

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A.Dear Client,
Viewing pornography either child pornography or adult in digital devices on social media platforms is illegal and a crime punishable under law. Sec.67B of the Information Technology Act, 2000 was added through an amendment in 2008 that criminalizes the publishing, transmitting, or causing the transmission of sexually explicit content depicting children. The punishment for violating this section on the first conviction is imprisonment for up to five years and a fine of up to ten lakh rupees. On subsequent convictions, the punishment can extend up to seven years of imprisonment and a fine of up to ten lakh rupees. Section 66A defines the punishment for sending offensive messages through a computer or any other communication device like a mobile phone or tablet and a conviction of it can fetch a maximum of three years of jail and a fine. Sharing private pictures, messages or videos especially of those under 18 either belonging to you or others with/without permission is a serious violation of privacy and is punishable by law. Once such a crime of violation of Sec.67B of I T Act, is reported to the Cyber Crime Cell, the matter is suo motto investigated by the authorities and you may be called on for interrogation to access the source of such offensive posts on social networks and to find out the veracity of the facts from the related intermediaries or service providers. On investigation, if they find you are in any way violating the provision of the Act, you can be booked for committing the crime, otherwise, you will be acquitted of the charges. If so happens, get in touch with an Advocate experienced in cyber law to face the consequences in the right way.
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