Watching, downloading child porn offence under POCSO Act, rules Supreme Court

The Bench, headed by Chief Justice DY Chandrachud, sets aside Madras HC order; lays down certain guidelines on child pornography and its legal consequences

New Delhi: 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 DY Chandrachud and Justices JB 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.

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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.

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.

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.