Downloading, Watching and Storing Child Pornography is Crime under POCSO Act: Supreme Court

Supreme Court on Child Pornography: A historic judgement delivered on Monday by the Supreme Court of India made it very clear that, as per the Protection of Children from Sexual Offences (POCSO) Act, downloading, storing and watching child pornography is a grave crime. A contentious ruling by the Madras High Court that implied such activities were not punished was reversed by this significant decision. It is essential that children be shielded from all sorts of exploitation, as the ruling of the Supreme Court underlines.

Madras High Court’s Controversial Ruling

Earlier this year, on January 11, the Madras High Court controversially ruled in favor of a man named S. Harish from Chennai, who had been charged with downloading pornographic content involving children. The High Court canceled the criminal proceedings against him, asserting that viewing, downloading, and storing such content was not a crime. This decision raised significant alarm among child rights advocates and legal experts, who feared it could set a dangerous precedent.

Supreme Court’s Strong Stance

Chief Justice of India (CJI) DY Chandrachud and Justice JB Pardiwala headed a Supreme Court bech that denounced the Madras High Court’s decision, calling it a “egregious error.” The Supreme Court reopened the criminal case against Harish, stating unequivocally that downloading, watching, and storing child pornography is illegal in addition to its creation.

Terminology Revision

Supreme Court says that mere storage of child pornographic material is an offence under the Protection of Children from Sexual Offences Act (POCSO Act).Supreme Court suggests Parliament to bring a law amending the POCSO Act to replace the term "child pornography" with "Child… pic.twitter.com/mNwDXX88fb— ANI (@ANI) September 23, 2024

A significant component of the Supreme Court’s order involves a shift in legal terminology. The Court directed the central government to replace the term “child pornography” with “child sexually abusive and exploitative material.” This change aims to highlight the gravity and implications of such offenses and to encourage a greater societal awareness of their harmful nature. Additionally, the Court instructed that future court orders should avoid using the term “child pornography,” intending to foster a more precise legal discourse around these issues.

Legislative Action Required

The Supreme Court urged the government to make the required changes to the legislation in order to clear up any misunderstandings among the public about whether it is acceptable to download or own child pornography. The Court emphasised how important it is that individuals understand that downloading, saving, or viewing child pornography is illegal and involves serious penalties.

Societal Responsibility Towards Children

The ruling also dealt with wider societal issues related to child pornography. Reacting strongly against the Madras High Court’s suggestion that society should focus on educating children about pornography rather than punishing offenders, CJI Chandrachud articulated that exposing children to such harmful material could fuel increased demand and vulnerability for more children.

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