Ameen v. State of Kerala
In the High Court of Kerala
Crl. M.C. 7659/2017
Before Justice Alexander Thomas
Decided on September 11, 2020

Relevancy of the Case: Quashing of proceedings in a case involving digital piracy through CDs/DVDs

Statutes and Provisions Involved

• The Indian Penal Code, 1860 (Section 292)
• The Copyright Act, 1957 (Section 52A, 68A)

Relevant Facts of the Case

• The police caught the first accused with pirated CDs and DVDs containing obscene content degrading the decency of women.
• The first accused confessed that the petitioner (second accused) was making the CDs available to him.
• Later, the police added the third accused, the shop owner, for selling CDs and DVDs.

Prominent Arguments by the Advocates

• The petitioner’s counsel argued that the first accused’s confessional statement is not admissible as it is the only evidence in the case. Further, the investigation agency could not collect material evidence, such as call detail records, to connect him with the case.
• The public prosecutor submitted that the petitioner had absconded before, so the police could not arrest him.

Opinion of the Bench

• The petitioner should file a case seeking discharge.

Final Decision

• The Judicial Magistrate shall keep any further proceedings against the petitioner in abeyance till further orders.

Srikari Ammanamanchi, an undergraduate student at the NALSAR University of Law, prepared this case summary during her internship with The Cyber Blog India in May/June 2022.