The Supreme Court on Monday, September 23, held that the mere downloading and watching of child pornography is an offence under the Protection of Children from Sexual Offences Act (POCSO Act), dismissing a Madras High Court judgment.
The apex court bench comprising Chief Justice of India DY Chandrachud and Justice JB Pardiwala stated that the High Court committed an "egregious error" in quashing the criminal proceedings set aside the order of the High Court.
The judgment of the apex court stated that Section 15 of the POCSO provides for three distinct offences that penalise either the storage or possession of any child pornographic material when done with any intention to transmit, play, etc, as specified in sub-sections of the Section.
The Madras High Court's order had come in a case in which a 28-year-old man was charged with downloading child pornography on his phone. The court had quashed the criminal proceedings against the man and said children these days are grappling with the serious issue of watching pornography and society must be mature enough to educate them instead of punishing them.
The Court also suggested the Parliament to amend the term 'child pornography' with the term 'child sexual exploitative and abusive material' and requested the Union government to bring the amendment law. The Court has directed the Courts to not use the term 'child pornography'.