Supreme Court Criminalises Storing, Watching Child Pornography Under POCSO Act

In a landmark judgment today, Supreme Court has ruled that storing child pornographic material is an offense under the Protection of Children from Sexual Offences (POCSO) Act.

This decision overturns a previous Madras High Court judgment that deemed mere downloading and viewing of child pornography without intent to transmit as not being an offense, reported Live Law.

The Supreme Court bench, comprising Chief Justice DY Chandrachud and Justice JB Pardiwala, deemed the High Court's decision an "egregious error" and reinstated the criminal prosecution.

According to Section 15 of the POCSO Act, storing or possessing child pornographic material with intent to transmit or display is punishable, even if no actual transmission occurs.

Key Points of the Judgment:

• Intention to Transmit: The court ruled that intention to transmit can be inferred from circumstances, such as the manner of storage or possession.
• Failure to Delete or Report: Sub-section (1) of Section 15 penalises failure to delete, destroy, or report child pornographic material.
• Guidelines for Enforcement: The judgment provides guidelines for enforcing the POCSO Act.
• Amendment Suggestion: The court suggested Parliament amend the term "child pornography" to "child sexual exploitative and abusive material."

The petition was filed by Just Rights for Children Alliance, expressing concerns about the potential impact on child welfare. The Supreme Court is also considering a similar petition challenging a Kerala High Court judgment.

Concerns About Normalising Child Pornography

The Just Rights for Children alliance argued that the previous order "gives the impression that individuals who download and possess child pornography will not face prosecution. This will encourage child pornography and would act against the well-being of children."

They highlighted the potential harm to innocent children and the negative impact on child welfare.

As per their petition, "The impugned order, extensively covered in newspapers, gives the impression that individuals who download and possess child pornography will not face prosecution. This will encourage child pornography and would act against the well-being of children. The impression is given to the general public that downloading and possessing child pornography is not an offence and it would increase the demand for Child pornography and encourage people to involve innocent children in pornography."