Photo Source: ANI
Watching, mere storage of child pornography a crime: Supreme Court; Read order copy
New Delhi, September 23, 2024: The Supreme Court of New Delhi ruled on Monday that the retention of child pornography material on any personal device, or the failure to delete such content, would be considered an offense under the Protection of Children from Sexual Offences Act.
The decision was delivered by a bench consisting of Chief Justice of India DY Chandrachud and Justice JB Pardiwala, which overturned a recent judgment by the Madras High Court.
Read the order copy: https://drive.google.com/file/d/1igr8mNtXAdFPSK8OvBdb69RzyWr9wy7E/view?usp=sharing
The Madras High Court had earlier ruled that the act of downloading or viewing child pornography, in the absence of an intention to distribute or transmit, did not constitute an offense.
However, the Supreme Court decisively overturned this interpretation, asserting that the mere possession of such material is indeed a criminal offense under the POCSO Act, which is designed to safeguard children from sexual exploitation and abuse.
The bench established specific guidelines regarding child pornography and its associated legal ramifications. The Supreme Court had earlier agreed to review the petition contesting the Madras High Court's decision, which stated that merely downloading and viewing child pornography did not constitute an offense under the POCSO Act and the Information Technology (IT) Act.