In a landmark judgment declared by the Supreme Court of India that storing child pornographic material is individually an offense under the Protection of Children from Sexual Offences (POCSO) Act. It overruled a Madras High Court judgment that had previously held that merely downloading and viewing it without any intent to transmit was not punishable. The ruling is aimed at strengthening legal frameworks against child sexual exploitation.
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
Supreme Court Criticizes Madras HC Ruling
Chief Justice DY Chandrachud-led Supreme Court bench slammed the Madras High Court for what it called an ‘egregious error’ as it overturned criminal proceedings against a 28-year-old Chennai man accused of downloading and viewing child pornography. The Madras High Court had nullified these proceedings in January, reasoning that private viewing did not come within the ambit of the POCSO Act.
Revival Of Criminal Charge
After such interference, the Supreme Court restored the criminal charge against the accused. The court of law said that besides being illegal in itself, the act of publication and distribution of child pornography also involves making, downloading, and storing it. As per the order, all those acts related to child sexual abuse material must be considered with utmost seriousness.
Proposed Amendments In POCSO Act
During its judgment, the Supreme Court suggested an amendment in the POCSO Act. The court has proposed substituting the word “child pornography” with “child sexually abusive and exploitative material.” It wants to clarify some legal words and give a strong message that reflects the intent of the law. Moreover, the court ordered not to use the term “child pornography” further in litigations from now.
