BEFORE THE COURT OF SESSIONS AT ROHINI VIHAR COURT, DELU

CRIMINAL COMPLAINT…………. OF YEAR

IN THE MATTER OF

STATE OF DELU …….COMPLAINANT

Versus

RIYA MALIK …….ACCUSED

-MEMORIAL ON BEHALF OF ACCUSED-

 TABLE OF CONTENTS

S. NO. TOPICS PAGENO.

I. Table of Abbreviations…………………………………………………………… 3
II. Index of Authorities……………………………………………………………… 4
III. Statement of Jurisdiction………………………………………………………... 5
IV. Issues Raised……………………………………………………………………... 6
a. Issue 1: Whether Riya Malik is liable for Child Pornography?.................. 6
b. Issue 2: Whether Riya Malik is liable for posting sexually explicit content on social
media? ……………………………………………………………………….. 6
c. Issue 3: Whether Riya Malik is liable for child abuse?…………………… 6
V. Statement of Facts……………………………………………………………….. 7
Background…………………………………………………………………… 7
VI. Summary of Arguments…………………………………………………………. 8
a. Issue 1: Whether Riya Malik is liable for Child Pornography?………… 8
b. Issue 2: Whether Riya Malik is liable for posting sexually explicit content on social
media ?………………………………………………………………………. 8
c. Issue 3:Whether Riya Malik is liable for Child Abuse?………………… 8
VII. Arguments Advanced………………………………………………………….. 9
a. 1: That Riya Malik is not liable for Child Pornography…………………. 9
b. 2: That Riya Malik is liable for posting sexually explicit content on social media?
c. 3: That Riya Malik is liable for child Abuse?
VIII. Prayer………………………………………………………..
 TABLE OF ABBREVIATIONS

Abbreviations Expansions

1. Hon’ble Honourable

2. Anr Another

3. ORS Others

4. and and

5. b/w Between

6. VS Versus
 INDEX OF AUTHORITIES

CASES

1. Nawabuddin vs State of Uttarakhand (2019)

2. Avnish Bajaj Vs State 2008
3. Kuldeep Singh Anr Vs State of Punjab II (2004) DMC 628

4. Bachpan Bachao and Ors. Vs Union Of India and Ors. WP (C) 51 of 2006] 2011 5
SCC

5. Ms.A.Arulmozhi vs The Government of India, 2005

6. Lubna Mehraj And Ors. vs Mehraj-Ud-Din Kanth 2004 (1) JKJ 418
7. Maqbool Fida Husain Vs Raj Kumar Pandey CDJ 2008 DHC 2266

STATUTES
1. Juvenile Justice Act, 2015
2. Prohibition of Children Sexual Offences, 2012
3. Information Technology Act, 2000

LIST OF SOURCES
1. www.supreme-today.com
2. www.legaleagleweb.com
3. www.indiankanoon.org
 STATEMENT OF JURISDICTION

With reference to the circumstances that have been presented in the instant case, the Plaintiff has
approached the court of sessions under the Rohini Vihar Court, Delu.

The Respondent humbly requests the court of sessions under the Rohini Vihar Court, Delu to
dismiss the plea over irrelevance of the allegations made by the Plaintiff.
 ISSUES RAISED

a. ISSUE-I

WHETHER RIYA MALIK IS LIABLE FOR CHILD PORNOGRAPHY?

b. ISSUE-II

WHETHER RIYA MALIK IS LIABLE FOR POSTING SEXUALLY EXPLICIT CONTENT

ON SOCIAL MEDIA?

c. ISSUE-III

WHETHER RIYA MAILK IS LIABLE FOR CHILD ABUSE?

 STATEMENT OF FACTS

 BACKGROUND

Ms. Riya malik (the accused) was a fine arts graduate and artist by Profession.

● In 2010, she got married to Mr. Kabir and soon after gave birth to Master Samir Malik and
Miss Arzoo Malik. However, due to lack of self-care, she Gained weight and was subjected to
mistreatment by her in-laws and Husband.
● As a result of this, Riya moved to her parental home after a case for Domestic violence was
filed against Mr. Kabir and his family members.
● To earn a livelihood during lockdown, Riya began taking online dance, and art and craft
classes and owing to popularity, she opened a channel on an online platform called “We-Tube”.
She spread awareness about body positivity and ways to overcome from the trauma of domestic
violence.
● After lockdown, when the traffic on her channel reduced, to gain more subscriptions, she
scheduled a live online painting event on 9th December, 2021 which scheduled to begin at 11:00
IST.
● Initially she spoke about body positivity and how body paintings can increase the confidence
of women who have faced domestic violence and then discussed about the types of body
paintings such as tattoo,henna etc.
● Then, she boasted about the exceptional skills of her children and removed her clothes and
went bareback and asked her children to paint on her back.
● The video was live streamed and uploaded on Riya’s “We-Tube” channel with the name “easy
body art and body positivity” and was viewed by 256 viewers.
● Ms. Anushka Gehlot, a child rights activists, reported the video, which was subsequently
forwarded by the cyber cell to Commissioner of Police, Delu which was further sent to S.H.O.,
Rohini Vihar at Delu.
● Based on the report, crime no. 123 of 2021 was registered by the Rohini Vihar police, alleging
offences punishable under sections 14 and 15 of The POCSO Act, 2012; under section 67b of the
it act, 2000; and under section 75 of the Juvenile Justice (care and protection of children), 2015.
 SUMMARY OF ARGUMENTS

I. WHETHER RIYA MALIK IS LIABLE FOR CHILD PORNOGRAPHY

A person is said to be held liable for child pornography when he or she exposes a child
whether through their will or not into any sexual activity and respectively shoots the
same for any purpose and then posts the same on internet or any social media platform
is referred to have conducted child pornography. However, for an act to be counted
under child pornography it is necessary that it must have been conducted for video
graphing and thereby to make obscene content of children.
II. WHETHER RIYA MALIK IS LIABLE FOR POSTING SEXUALLY EXPLICIT
CONTENT ON SOCIAL MEDIA

As A person is held liable for posting sexually explicit content when any act by a person
who, knowingly or unknowingly, without consent, takes a photograph of the private areas
of a person, or sends such a photograph to someone else or publishes such a photograph,
under circumstances which violate the person’s privacy, will be considered a crime.
Circumstances violating privacy’ under the IT Act constitute those circumstances in
which a person is disrobing without being captured or has a reasonable expectation that
their private areas will not be seen by the public.

III. WHETHER RIYA MALIK IS LAIBLE FOR CHILD ABUSE

My client should not be held liable for child abuse as in order to be accused under child
abuse it is necessary that the person commits abuse in all cultural, ethnic and income
groups. Child abuse can be physical, emotional – verbal, sexual or through neglect.
Abuse may cause serious injury to the child and may even result in death. This has been
mentioned as per Juvenile Justice Act, 2015.
 ARGUMENTS ADVANCED

I. THAT RIYA MALIK IS NOT LIABLE FOR CHILD PORNOGRAPHY

 No Riya Malik cannot be held liable for Child Pornography. A person is said to be held
liable for child pornography when he or she exposes a child whether through their will or
not into any sexual activity and respectively shoots the same for any purpose and then
posts the same on internet or any social media platform is referred to have conducted
child pornography. However, for an act to be counted under child pornography it is
necessary that it must have been conducted for video graphing and thereby to make
obscene content of children.
 Here, since only the back of the accused was exposed to her children and that too in a
reasonable manner it cannot be claimed that the children were exposed to any sexual
activity. Moreover, videography was done for educational purposes and not with any
mala fide intention. Apart from this a mother always ensure that she provides the best to
her children thereby claiming that her children were exposed to sexual activity is not
morally right.
 Moreover, considering her past, Riya my client had faced a lot as she said she was forced
to leave her profession after the birth of her children, she was victimized by her husband
when he subjected her to domestic violence. Even after doing a completely new start and
with a motive to educate people about self love and to motivate them about their body
she started posting on her social media platforms. Even if the content she had posted was
explicit in any manner then it could have been reported earlier as well, nothing like this
happened and all she gained was respect and engagement for what she did on these
platforms.
 Thereby, the acts of my client shall not be misinterpreted as child pornography as her
intention were clear and she believed to provide a positive message to her viewers.
 II. THAT RIYA MALIK IS NOT LIABLE FOR POSTING SEXUALLY
EXPLICIT CONTENT ON SOCIAL MEDIA

 A person is held liable for posting sexually explicit content when any act by a person
who, knowingly or unknowingly, without consent, takes a photograph of the private areas
of a person, or sends such a photograph to someone else or publishes such a photograph,
under circumstances which violate the person’s privacy, will be considered a crime.
Circumstances violating privacy’ under the IT Act 1 constitute those circumstances in
which a person is disrobing without being captured or has a reasonable expectation that
their private areas will not be seen by the public.
 However, as per the facts no private parts were exposed as exposure of back of a person
cannot be termed as exposing a private part or the genitals of an individual. My client
never had any intention of posting any content which could be termed as explicit. The
content was posted just for the purpose of education of people over internet. Moreover, as
stated in earlier issues my client enjoyed certain reputation on the internet because her
educational videos and her contribution in development and growth of women and
children of the society. Being a victim of Domestic violence herself she had always
looked forward to ensure that nobody becomes a victim to it.
 For people working for such a great cause, putting label that they posted sexually explicit
is against the dignity and principles of our developing modern society. Thereby, it should
be considered that my client shouldn’t be held responsible or shouldn’t be accused of
posting sexually explicit content on social media.

___________________

1. Section 67B of Information & Technology Act, 2000 - Punishment for publishing or transmitting of
material depicting children in sexually explicit act, etc., in electronic form.
 III. THAT RIYA MALIK IS NOT LIABLE FOR CHILD ABUSE

 My client should not be held liable for child abuse as in order to be accused under
child abuse it is necessary that the person commits abuse in all cultural, ethnic and
income groups. Child abuse can be physical, emotional – verbal, sexual or through
neglect. Abuse may cause serious injury to the child and may even result in death. This
has been mentioned as per Juvenile Justice Act 1, 2015.
 According to the Juvenile Justice Act, 2015 my client didn’t perform any act which
may make her liable for child abuse and that too of her own children. Riya Malik is a
great mother and has always ensured the best of her children. She worked for the
benefit of women and children in the society who have been a victim of domestic
violence. She worked in a charitable manner through the medium of internet to ensure
that necessary knowledge is provided to the people regarding self love, body positivity
etc.
 Moreover, as per the mentioned act it is necessary that the children faced some injury
or death for the act to be counted under child abuse, however, nothing like that
happened in the mentioned case. These statements were made against my client just
for the purpose of hampering her image and reputation over internet.
 As per the judgment passed by Justice Sanjay Kishan Kaul of Delhi High Court on
May 8 upholding a number of petitions, justice was brought to a renowned artist Mr.
Maqbool Fida Husain who was himself a painter and painted the body of an Indian
Goddess and in depiction of the contours of India in the shape of a nude female figure.
Several cases were filed against him however, with the bold decision of Justice Sanjay
Kishan Kaul appropriate decisions were taken. Similarly, under this case, the art of
body painting should be respected and my client shouldn’t be held responsible for her
acts considering them as child abuse or a violation of section 67B of the Information
technology Act.

__________________

1. Section 75 of JJ Act, 2015- Punishment for Cruelty to child

2. Maqbool Fida Husain Vs Raj Kumar Pandey CDJ 2008 DHC 2266
 PRAYER

In the light of the issues raised, arguments advanced and the authorities cited, the
counsel for the accused humbly prays to the Hon’ble court to dismiss the complaint
and relief the accused from facing any legal actions against her and pass any order
that this Hon’ble court may deem fit in the interest of justice, equity, and good
conscience and for the act of kindness, the counsel for the accused shall be duty
bound forever. Respectfully submitted.

Date:- 01.09.2022
Place:- Delu