Indian Supreme Court declares possession of child exploitation material a criminal offence – JURIST

The Supreme Court of India governed on Monday that individuals can be held criminally liable for viewing, downloading, storing or distributing child pornography. This landmark decision, based on the Protection of Children from Sexual Offences Act (POCSO), 2012 and the Information Technology Act (IT), 2000—strengthens the protection of vulnerable minors.

The court’s ruling said such abuse sets in motion a cycle of victimization, with the recording and sharing of these acts perpetuating trauma. Victims must endure the knowledge that their suffering can be viewed and shared indefinitely. Justice JB Pardiwala, who wrote the 200-page ruling, noted that this continued exposure deepens the psychological scars of the initial abuse.

The ruling followed an appeal by the NGO Just Right for Children Alliance, which had challenged an earlier ruling by the Commission. decision by the Madras High Court. The High Court had held that possession of child pornography without the intention to transmit did not constitute a violation of the POCSO Act. The Supreme Court found this interpretation fundamental imperfectstating that possession of such material without notice or removal indicates intent to transmit and is against the law.

The Court also recommended significant legislative reform. encouraged Parliament will amend the POCSO Act to replace “child pornography” with “Child Sexual Exploitative and Abuse Material” (CSEAM) to better reflect the seriousness of the crime and counter the trivialisation associated with the term “pornography”.

Moreover, the Supreme Court highlighted crucial provisions in the Information Technology Act that criminalize not only possession and transmission of obscene materials but also browsing such content. The judgment clarified that knowledge and control over the material, irrespective of physical storage, constitutes possession under the law.