In a significant ruling, the Supreme Court on Monday declared that both viewing and downloading child pornography constitute offenses under the Protection of Children from Sexual Offences (POCSO) Act and the Information Technology (IT) Act.
The apex court further recommended that Parliament consider revising the term “child pornography” to “child sexually abusive and exploitative material” and urged courts to avoid using the former terminology.
A bench led by Chief Justice D.Y. Chandrachud overturned a previous ruling by the Madras High Court, which had held that merely downloading and watching child pornography did not amount to an offense under the POCSO and IT Acts. The bench, which also included Justices J.B. Pardiwala and Manoj Misra, issued several guidelines regarding child pornography and its legal consequences.
“We have addressed the ongoing impact of child pornography on the victimization and abuse of children and emphasized the duty of society and stakeholders to report such offenses,” the bench stated. It also suggested that an amendment to the POCSO Act be introduced to redefine the term, with the possibility of an Ordinance being enacted.
The Supreme Court’s ruling came in response to a petition challenging the Madras High Court’s earlier judgment. The case involved a 28-year-old man who had been charged with downloading child pornography onto his mobile phone. The apex court restored the criminal proceedings, emphasizing that the high court had made an error in quashing them. The sessions court is now tasked with revisiting the case.
The Supreme Court had previously expressed strong disapproval of the Madras High Court’s decision, describing it as “atrocious.” It agreed to review the case after senior advocate H.S. Phoolka, representing two child welfare organizations, argued that the high court’s ruling was inconsistent with existing laws.
In its earlier decision, the Madras High Court had concluded that simply watching child pornography did not violate section 67B of the IT Act, which pertains to the publishing, transmission, or creation of child pornography. The high court ruled that merely downloading such content without sharing or distributing it did not constitute a crime. Nonetheless, the court had voiced concerns about the increasing prevalence of pornography among children and its potential long-term psychological and physical effects.
The high court had advised the defendant to seek counseling if he remained addicted to pornography, recognizing the serious implications such behavior could have on adolescents.
(With inputs from agency)
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