Viewing and downloading child pornography is an offence under POCSO Act, says Supreme Court – Telangana Today

The court, headed by Chief Justice DY Chandrachud, also lays down certain guidelines on child pornography and its legal consequences.

New Delhi: The Supreme Court on Monday set aside a Madras High Court judgment which had said that mere downloading and viewing of child pornography did not constitute an offence under the POCSO Act and the Information Technology Act.

A bench comprising Chief Justice DY Chandrachud and Justices JB Pardiwala and Manoj Misra said that viewing and downloading child pornography is punishable under the POCSO Act and the Information Technology Act. The bench also laid down certain guidelines on child pornography and its legal consequences.

The top court delivered its verdict on a petition challenging the Madras High Court's judgment. The top court had earlier agreed to hear the petition challenging the High Court's judgment that mere downloading and viewing of child pornography was not an offence under the Protection of Children from Sexual Offences (POCSO) Act and the Information Technology (IT) Act.

On January 11, the Supreme Court had quashed criminal proceedings against a 28-year-old man accused of downloading pornographic content featuring children on his mobile phone. The Supreme Court had also said that children today are facing the serious problem of consuming pornography and that instead of punishing them, society needs to be “mature enough” to educate them.

The Supreme Court had taken note of the submissions of senior advocate HS Phoolka, representing two petitioner organisations, that the Supreme Court judgment in this regard was contrary to law.

The senior counsel appeared in court on behalf of the Faridabad-based non-governmental organisations Just Rights for Children Alliance and New Delhi-based Bachpan Bachao Andolan, which work for the welfare of children.