Storage of child pornography punishable under POCSO Act: Supreme Court

The Supreme Court delivered its verdict on September 23, holding that mere storage of child pornography material is an offence under the Protection of Children from Sexual Offences Act (POCSO Act). With this, the Supreme Court overturned the Madras High Court's verdict that mere downloading and viewing of child pornography does not constitute an offence under the POCSO Act and the IT Act.

While delivering the verdict, the Supreme Court also suggested Parliament to enact a law to amend the POCSO Act to replace the term “child pornography” with “sexually exploitative and abusive material involving children”. “Pending the passage of the amendment, the Union government may issue an ordinance to that effect,” the Supreme Court said.

In addition, a bench headed by Chief Justice DY Chandrachud directed all courts not to use the term “child pornography”.

“We have suggested to Parliament to propose an amendment to the POCSO to amend the definition of child pornography to include 'materials involving sexual abuse and exploitation of children'. We have suggested to bring an ordinance to this effect,” it said.

Previously, on January 11 this year, the Supreme Court had dropped criminal proceedings against a 28-year-old man who was accused of downloading pornographic content featuring children onto his mobile phone.

In delivering the verdict, the Supreme Court reinstated the criminal proceedings in the case, saying that the High Court had erred in overturning the verdict. The court said the District Court would now rehear the case.

The Supreme Court had termed the High Court's verdict as cruel and had earlier agreed to hear the plea challenging the Supreme Court's verdict. According to the verdict, mere downloading and viewing of child pornography does not constitute an offence under the Protection of Children from Sexual Offences (POCSO) Act and the Information Technology (IT) Act.