SC on Child Porn: Supreme Court Rules Mere Storage of Child Pornography Is an Offence, Directs All Judges To Avoid Using ‘Child Pornography’ Term in Proceedings

In a landmark ruling on Monday, September 23, the Supreme Court affirmed that mere storage of child pornographic material constitutes an offence under the Protection of Children from Sexual Offences (POCSO) Act. The bench, led by Chief Justice DY Chandrachud and Justice JB Pardiwala, criticised a recent Madras High Court judgment that suggested downloading and viewing such material without intent to transmit was not an offence. The Supreme Court labelled this decision as an "egregious error" and restored criminal prosecution in these cases. Furthermore, the top Court suggested that Parliament amend the POCSO Act to replace the term "child pornography" with "Child Sexual Exploitative and Abusive Material." While awaiting the amendment, the Court encouraged the Union government to consider issuing an Ordinance. Additionally, the Supreme Court directed all judges to refrain from using the term "child pornography" in proceedings. Watching Child Porn a Crime Under POCSO Act or Not? Supreme Court To Deliver Its Verdict Today.

Supreme Court: Storing Child Porn is a POCSO Offence

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