The Supreme Court of India ruled today that downloading and watching child pornography is an offense under the Protection of Children from Sexual Offences (POCSO) Act. This decision comes in a landmark judgment on the stringent law designed to prevent child abuse.

https://static-cdn.publive.online/thetatva/media/pdf_files/4efbae1743713b367ec201209b6e1fd08a9cfc9e08b7c7c4399db1066ea2e033.pdfA bench led by Chief Justice of India DY Chandrachud and Justice JB Pardiwala overturned a previous Madras High Court order. The Madras High Court had stated that simply downloading and watching child pornography was not a crime under the POCSO Act. The Supreme Court called this judgment an "egregious error."

The Madras High Court case involved a 28-year-old man charged with downloading child pornography on his phone. The lower court dismissed the charges, arguing that society should educate children about pornography rather than punish people for watching it.

Egregious Error
Image Source: Vajiram & Ravi

The Supreme Court reinstated the criminal proceedings against the man. Justice Pardiwala, writing the judgment, focused on Section 15 of the POCSO Act, which deals with the punishment for storing child pornography material.

Section 15 states that anyone who stores child pornography and fails to report or destroy it faces a fine. Repeat offenders face a steeper fine. The penalty increases further if the material is stored for distribution or commercial purposes.

Justice Pardiwala explained that the criminal intent (mens rea) can be determined by the act itself (actus rea). The Supreme Court also recommended that Parliament amend the POCSO Act to use the term "child sexually abusive and exploitative material" instead of "child pornography." The court suggested an ordinance be introduced and that courts avoid using the term "child pornography" in rulings.ou

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