Court mandates police to apprehend accused and seize electronic devices to prevent dissemination of obscene material.
In a significant development, the Calcutta High Court, presided over by Justice Saugata Bhattacharyya, has issued directives to the police authorities to take immediate action in a case involving the alleged possession and potential dissemination of obscene photographs of a petitioner. The court has emphasized the need to protect the dignity and privacy of the individual involved.
The judgment, delivered on July 14, 2026, pertains to a writ petition (W.P.A. No. 15042 of 2026) filed by the petitioner against the State of West Bengal and others. The petitioner was represented by advocates Mr. Ranadev Sengupta, Mr. Akash Ganguly, and Mr. Amaan Deep Gupta, while the State was represented by Mr. Suryaneel Das, Mr. Souvik Nandy, and Mr. Dyutimoy Paul.
The case, registered as Mogra Police Station Case No. 346 of 2026, involves charges under various sections of the Bharatiya Nyaya Sanhita, 2023, and the Information Technology Act, 2000, specifically targeting the possession of obscene material. The court has directed the police to apprehend the accused, identified as respondent nos. 6 and 7, and seize any electronic devices in their possession that may contain the offensive material.
Justice Bhattacharyya took into account the submissions from both parties and a communication dated July 6, 2026, from the Inspector-in-Charge of Mogra Police Station. The communication indicated that a pen drive was seized from the petitioner, believed to contain stored materials. The court underscored the importance of examining and analyzing the electronic evidence in line with legal provisions, ensuring the proper handling of digital evidence.
Despite steps taken by the police, the accused remain at large. The court has instructed the police to intensify their efforts to apprehend the accused and prevent further dissemination of the obscene material.
The matter is scheduled for further consideration on August 11, 2026, at which point the Inspector-in-Charge of Mogra Police Station is expected to report on the progress made pursuant to the court's directives.
Bottom line:-
Directions issued to police authorities to apprehend accused persons and seize electronic devices containing obscene photographs to protect the dignity and privacy of the petitioner.
Statutory provision(s): Bharatiya Nyaya Sanhita, 2023 Sections 64(1), 66, 69, 74, 75(2), 79, 115(2), 117(2), 124, 127(2), 109(1), 308(2), 351(2), 351(3), 316(2), 318(3), 61(2), 3(5); Information Technology Act, 2000 Sections 66E, 72.
XXXXXXX v. State of West Bengal, (Calcutta) : Law Finder Doc id # 2943803
