Downloading and viewing child exploitation material is a crime under POCSO: Supreme Court

PTC News Desk: In a landmark judgment aimed at strengthening protection against child abuse, the Supreme Court of India declared that downloading and viewing child exploitation material is a punishable offence under the Protection of Children from Sexual Offences (POCSO) Act. The landmark judgment was delivered by a bench comprising Chief Justice of India DY Chandrachud and Justice JB Pardiwala.

The Supreme Court’s verdict overturned an earlier decision of the Madras High Court, which had held that merely downloading and viewing such material did not constitute an offence under the POCSO Act. The Supreme Court criticised the high court for making a “serious error” in its interpretation of the law, stressing the serious implications of child exploitation and the need for stringent legal measures to combat it.

The case that prompted this ruling involved a 28-year-old man who was accused of downloading child abuse material on his mobile phone. The Madras High Court had quashed the criminal case against him, arguing that children today face significant challenges in consuming adult content and suggesting that society should focus on educating children rather than punishing individuals for such actions.

However, the Supreme Court disagreed with this perspective and reinstated the criminal proceedings against the accused. The verdict underscores the court’s commitment to upholding the stringent measures enshrined in the POCSO Act and sends a strong message about the legal responsibilities of individuals in protecting children from exploitation.

This ruling is expected to strengthen enforcement of child protection laws and act as a deterrent to the downloading and distribution of child abuse material, thereby contributing to the broader goal of preventing child abuse in society.

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– With input from agencies