Uploading Minor's Obscene Content Online Has Far-Reaching Consequences, Harm Goes Beyond Punishment: Delhi High Court

Emphasising the grave and irreversible impact of circulating obscene content online, the Delhi High Court has refused bail to a man accused of sexually assaulting a minor and uploading her explicit photographs and videos on social media platforms.Justice Swarana Kanta Sharma underscored that in the digital age, the consequences of such acts extend far beyond the contours of criminal punishment, severely impacting the dignity, privacy, and future of victims. Observing that posting inappropriate photographs and videos of a person, particularly a minor, on social media platforms has far-reaching consequences, the Court said:“In the present digital age, once such material is uploaded, it can be circulated, shared, and replicated widely within a short span of time, often beyond the control of the person affected. The harm caused by such acts cannot be assessed merely in terms of the punishment that the offence may attract under law. Such acts have the potential to inflict deep and lasting damage upon the dignity, privacy, and psychological well-being of the victim, and may also seriously affect the future prospects and social life of the young victim and her family.”The FIR was registered under Sections 376 and 506 of IPC, along with provisions of the POCSO Act. It was alleged that the accused had sexually assaulted the prosecutrix when she was a minor and subsequently recorded and circulated obscene material of her. As per the prosecution, the accused not only assaulted the victim but also created fake Instagram accounts in her name and uploaded explicit content, allegedly using a mobile number linked to another individual. The prosecutrix, in her statement recorded before the Magistrate, supported the allegations.Dismissing the bail plea, the Court noted at the outset that the allegations were not only of sexual exploitation of a minor but also of recording and dissemination of inappropriate and obscene videos and photographs of the prosecutrix on social media platforms.It further noted that the investigation revealed that the accused had allegedly created Instagram IDs in the name of the prosecutrix and had posted inappropriate and obscene videos and photographs of her on the said accounts, the details of which were obtained from Meta AI.The Court observed that even after the grant of bail to the co-accused in April last year, the applicant in question had continued to access and operate the Instagram accounts without the consent of the prosecutrix. It added that the technical logs and screenshots collected during the course of investigation also prima facie substantiated the unauthorized access and use by the applicant. “The allegation against the co-accused is limited to recording obscene videos and photographs of the prosecutrix, whereas the allegations against the applicant herein are two-fold: firstly, of sexually assaulting the prosecutrix and secondly, of creating fake Instagram accounts in her name and posting her inappropriate videos and photographs on the said platforms. In view thereof, the applicant Sumit cannot claim parity with the co-accused Shivam,” the Court said. “Therefore, considering the seriousness of the allegations, the role attributed to the applicant, the material collected during investigation, and the stage of the case, this Court does not find any ground to grant bail to the applicant at this stage,” it added. The Court however clarified that nothing expressed in the order shall tantamount to an expression of opinion on merits of the case.Title: SUMIT v. STATE OF NCT OF DELHICitation: 2026 LiveLaw (Del) 375Click here to read order

Uploading Minor's Obscene Content Online Has Far-Reaching Consequences, Harm Goes Beyond Punishment: Delhi High Court

Nupur Thapliyal

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