Downloading, Watching Child Porn Offense Under POCSO, IT Law: SC On Child Pornography

Observing a historic judgement on Child Pornography, Supreme Court of India has overturned the judgement of Madras HC. SC in a landmark judgement on September, 23, overturned Madras HC ruling that said, mere having a porn video in mobile does not make an individual an offender of IT law and 67B of POCSO act.

However, the Supreme Court of India maintained that watching and storing port is crime. It further held that downloading and watching Child Pornography are offenses under POCSO Act and Information Technology Law.

The Bench headed by Chief Justice of India suggested center consider amending the ‘Child Pornography’ with ‘Child Sexually abusive and exploitative material’ by making change in law. It further suggested the courts not to use the word ‘Child Pornography’.

Also Read: Sundar Pichai Highlights PM Modi’s Vision For AI At New York Event

The bench comprised the Justices J B Pardiwala and Manoj Misra.

“We have said about lingering impact of child pornography on victimisation and abuse of children and on role to report an offence, including role of society and stakeholders,” the bench said.

The apex court observed hearing the petition filed against the ruling of Madras High Court.

The Madras High Court, on 11 January, quashed a criminal proceeding against 28-years-old accused of watching pornographic material involving children in it.

The apex court has restored the criminal proceeding against the accused saying that the HC had erred in quashing the proceeding. The court further observed that the session court will deal with the case afresh.