Psychiatric Evaluation Of Those Accused Of Sharing Child Sexual Abuse Content May Prevent Repeat Offences: P&H High Court
The Punjab and Haryana High Court has granted regular bail to a man accused of repeatedly circulating child sexual exploitation and abuse material (CSEAM) on social media, while directing the investigating officer to have him examined by a psychiatrist to identify any underlying condition that may have a bearing on the alleged conduct.
Justice Sanjay Vashisth observed that while allegations of this nature must be viewed “with utmost seriousness,” it is equally important to examine whether psychological or psychiatric factors contribute to such behaviour, since “unless the reasons behind such conduct are properly examined, the investigating agency may not be able to effectively address the possibility of its recurrence, nor the objective of preventing further victimisation would be adequately achieved.”
The FIR was registered on February 4, 2026, at Police Station Cyber Crime,, under Section 67-B of the Information Technology Act, 2000. It followed a report from the Online Crime against Women and Children (OCWC) wing of the Indian Cyber Crime Coordination Centre (I4C) under the Ministry of Home Affairs, which identified potential CSEAM content creators in Haryana using a proactive monitoring tool.
According to the prosecution, 17 tipline reports were linked to an Instagram account registered to the petitioner's mobile number and email, through which material involving minors was allegedly sent repeatedly to other users. The State relied on these 17 tipline reports, appended to its status report.
Psychiatric examination
The Court noted that the State's status report did not clarify whether, during investigation, the petitioner had been examined by a qualified specialist to ascertain whether any psychological or psychiatric condition could have a bearing on the alleged conduct. It said this assumed significance given “the nature and repetitive character of the allegations,” and that if such a condition existed, it required medical attention and assessment “rather than merely allowing the petitioner to remain incarcerated for an indefinite period without examining that aspect.”
Describing such conduct, if established, as “wholly unacceptable in a civilised society,” the Court directed that, if not already done, the investigating officer must ensure the petitioner is examined without delay by a qualified psychiatrist or other appropriate specialist, so that any condition may be identified and medical intervention recommended. It said the exercise would also help in devising measures to prevent recurrence, including in cases involving other persons accused of similar conduct.
Bail granted
The Court noted that the petitioner had been in custody since February 16, 2026, and had undergone 8 months and 23 days of actual custody, with no other criminal case registered against him. It held that keeping him in custody indefinitely, when the trial is likely to take considerable time, would serve no useful purpose for the prosecution.
Considering the nature of the allegations, the period of custody and the other factors noted, the Court granted regular bail, directing that the petitioner shall not threaten or influence any prosecution witness.
The Court also directed that a copy of the order be sent to the Home Secretaries of Punjab, Haryana and the Union Territory of Chandigarh for consideration of its suggestion regarding the medical examination of such accused persons.
Mr. Kamal Chaudhary, Advocate, for the petitioner.
Mr. Gaurav Bansal, DAG, Haryana.