Supreme Court Rules Downloading Child Pornography an Offence Under POCSO Act
In a significant ruling, the Supreme Court of India clarified that downloading and watching child pornography is an offence under the Protection of Children from Sexual Offences (POCSO) Act. This decision aims to strengthen laws against child abuse.
Overturning the Madras High Court Ruling
The Supreme Court set aside a previous Madras High Court order that claimed merely downloading and watching child pornography did not violate the POCSO Act. The bench, led by Chief Justice DY Chandrachud and Justice JB Pardiwala, pointed out the serious error in the High Court’s judgment.
The case involved a 28-year-old man accused of downloading child pornography. The Madras High Court had dismissed the charges, suggesting society should focus on educating young people instead of punishing them. However, the Supreme Court restored the criminal proceedings against the man.
Section 15 of POCSO Act
Justice Pardiwala emphasized that Section 15 of the POCSO Act clearly punishes anyone who stores child pornographic material. The law specifies a minimum fine of ₹5,000 for the first offence and ₹10,000 for repeated violations. If the material is stored for distribution, offenders face fines along with up to three years in prison. For commercial storage, imprisonment ranges from three to five years, and up to seven years for repeated offences.
The Importance of Intent
Justice Pardiwala explained the relevance of mens rea (criminal intent) in this case. The court stressed that intent is crucial in determining guilt, as is the act (actus rea) of downloading and storing the material.
A Call for Legal Reform
The Supreme Court bench, led by Chief Justice Chandrachud, recommended amending the POCSO Act. They suggested renaming child pornography as “child sexually abusive and exploitative material” and advised all courts to refrain from using the term “child pornography” in their judgments.
The Chief Justice called this a landmark decision and thanked Justice Pardiwala for his efforts in drafting the judgment. This ruling reinforces India’s commitment to protecting children from sexual exploitation.
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