Watching child pornography is a crime under POCSO: SC

In a landmark ruling, the Supreme Court on Monday held that viewing and downloading child pornography are punishable offences under the POCSO Act and the Information Technology Act.

The Supreme Court suggested that Parliament consider changing the term “child pornography” to “child sexually abusive and exploitative material” by making legislative changes. It also asked the courts to stop using the term “child pornography.”

A bench headed by Chief Justice DY Chandrachud set aside the Madras High Court’s order which had held that merely downloading and viewing child pornography does not constitute an offence under the Protection of Children from Sexual Offences (POCSO) Act and the Information Technology (IT) Act.

The bench, comprising Justices JB Pardiwala and Manoj Misra, also laid down certain guidelines on child pornography and its legal implications.

“We discussed the continuing impact of child pornography on child victimisation and abuse and the role of reporting crime, including the role of society and stakeholders,” the court said.

Ruling has impact on society: applicant

The Supreme Court’s judgement that viewing and downloading child pornography are punishable offences under the POCSO Act will have a long-lasting and global impact on society, crime and child rights, a petitioner said. Bhuwan Ribhu, petitioner and founder of Just Rights for Children Alliance, said India has once again paved the way globally by laying down the framework for prevention and protection of children from this transnational and organised crime.

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