‘Watching Child Pornography a Crime’: Supreme Court Sets Aside Madras High Court Order That Ruled Downloading, Watching Child Porn Not Offence Under POCSO, IT Law
The Supreme Court on Monday set aside a Madras High Court ruling that had said that mere downloading and watching child pornography was not an offence under the POCSO Act and the information technology law.
New Delhi, September 23: The Supreme Court on Monday set aside a Madras High Court ruling that had said that mere downloading and watching child pornography was not an offence under the POCSO Act and the information technology law. A bench of Chief Justice D Y Chandrachud and Justices J B Pardiwala and Manoj Misra said watching and downloading child pornography are offences under the POCSO Act and the information technology law.
The bench also laid down certain guidelines on child pornography and its legal consequences. The top court delivered its verdict on a plea challenging the Madras High Court order. The apex court had earlier agreed to hear the plea challenging the high court ruling that had said mere downloading and watching child pornography was not an offence under the Protection of Children from Sexual Offences (POCSO) Act and Information Technology (IT) Act. HC on Visiting Child Porn Website: Watching Child Pornography Not Offence Under IT Act, Says Karnataka High Court; Quashes Case Against Porn Addict.
On January 11, the high court had quashed the criminal proceedings against a 28-year-old man charged with downloading pornographic content involving children on his mobile phone. The high court had also said children these days were grappling with the serious issue of watching pornography and instead of punishing them, the society must be "mature enough" to educate them. Child Pornography Case: CJI DY Chandrachud Expresses Shock Over Madras High Court’s Verdict on Watching Pornographic Content Containing Children in Private, Says 'It Is a Clear Offence'.
SC Says 'Downloading, Watching Child Porn Offence Under POCSO Act'
The Supreme Court had taken note of the submissions made in the matter by senior advocate H S Phoolka, who represented two petitioner organisations, that the high court verdict was contrary to the laws in this regard. The senior lawyer appeared in the court on behalf of NGOs Just Rights for Children Alliance, based in Faridabad, and the New Delhi-based Bachpan Bachao Andolan. The organisations work for the welfare of children.
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