Supreme Court rules that downloading and viewing child pornography is a crime under POCSO Act

Supreme Court issues landmark ruling on strict law to prevent child abuse

In a historic ruling today, the Supreme Court of India has confirmed that download And to look at child pornography is a crime under the Protection of children from sexual crimes (POCSO Program) Action.

The decision reversed an earlier ruling by the Madras High Courtwhich stated that merely downloading such material did not form a violation.

The court, headed by Chief Justice DY Chandrachud and Justice JB Pardiwalacharacterized the Supreme Court’s ruling as a “gross error.” This ruling arose from a case in which a 28-year-old man was accused of downloading child pornography onto his phone. The High Court had rejected the criminal procedure, which argued that society should educate children about the dangers of pornography rather than punish individuals.

Today the Supreme Court restored the criminal charges against the man, focusing on the serious implications of child pornography. Justice Pardiwala expressed his gratitude for the opportunity to write the verdict, which focused on Article 15 of the POCSO Act. This section outlines the fines for storing pornographic material involving children, including fines and possible imprisonment.

According to the ruling, individuals who store child pornography without reporting or destroying it risk fines of 5,000 rupeeswhere repeat offenders receive higher sentences. In addition, if the material is stored for distribution, the offender can receive up to three years in prison. Storing child pornography for commercial purposes can result in a prison sentence of three to five years, increasing to a maximum seven years for repeat offenders.

Judge Pardiwala emphasized the importance of intent (mens rea) in understanding the gravity of the crime. He noted the lasting impact of child pornography on victims and suggested that Parliament consider amending the POCSO Act to categorize child pornography as “material containing child sexual abuse and exploitationThe court recommended the introduction of an ordinance and urged courts not to use the term “child pornography” in their orders.

Chief Justice Chandrachud praised the ruling as a “historic verdict” that underscores the judiciary’s commitment to protecting children from exploitation and abuse. This decisive action reinforced the need for strict enforcement of laws aimed at protecting vulnerable populations.

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