In a landmark judgment, the Supreme Court on Monday clarified that downloading, storing, and watching child pornography is indeed an offense under the Protection of Children from Sexual Offences (POCSO) Act. This ruling overturns a previous decision by the Madras High Court which stated that merely viewing such content was not punishable.
The bench, led by Chief Justice of India DY Chandrachud and Justice JB Pardiwala, addressed what it described as an “egregious error” by the Madras High Court. Earlier on January 11, the Madras High Court had quashed criminal proceedings against a 28-year-old man from Chennai, who was charged with downloading and viewing child pornography. The High Court had opined that watching such material in privacy did not fall under the scope of the POCSO Act.
Restoring the criminal proceedings against the accused, the Supreme Court today reiterated that the publishing, sharing, creating, downloading, and storing of child pornography are all punishable offenses. The court also took a step further by asking the central government to amend the act, suggesting the replacement of the term ‘child pornography’ with ‘child sexually abusive and exploitative material’ to provide a clearer and more serious perspective on the nature of the crime.
Moreover, the Supreme Court directed that all judicial bodies should henceforth avoid using the term ‘child pornography’ in their proceedings, marking a significant shift in the legal language surrounding the protection of children against sexual offenses.
This directive from the Supreme Court comes as part of a broader initiative to enhance the legal framework protecting children from sexual abuse and exploitation in India. The Court’s decision not only clarifies the legal stance on such sensitive issues but also aims to tighten the loopholes that might allow offenders to escape punishment.
