The Supreme Court of India has quashed a controversial ruling from the Madras High Court, which had held that watching child pornography in private does not constitute an offense under the Protection of Children from Sexual Offences (POCSO) Act. The judgment, delivered on Monday by Justice J.B. Pardiwala, emphasizes the need for stronger legal language regarding child exploitation materials.
In its decision, the Supreme Court suggested that Parliament should consider replacing the term “child pornography” with “child sexual exploitative and abuse material” (CSEAM). It also urged the Union government to potentially enact an ordinance to amend the POCSO Act to reflect this change.
The court directed all judicial bodies in the country to refrain from using the term “child pornography” in any future orders or judgments, endorsing instead the newly proposed terminology.
The Supreme Court clarified that offenses under Section 15 of the POCSO Act are inchoate offenses, meaning that even the mere possession or storage of pornographic material involving a child, if done with specific intent, constitutes a punishable offense—regardless of whether the material was transmitted or shared with others.
This ruling comes in response to a previous judgment by the Madras High Court, which had dismissed an FIR and criminal proceedings against a 28-year-old man from Chennai. The High Court had argued that since the individual merely downloaded and viewed the material in private, it did not amount to an offense, describing it as a moral failing rather than a legal one.
The Chennai police had initiated the investigation under Sections 67B of the Information Technology Act and Section 14(1) of the POCSO Act after discovering the downloaded material on the accused’s phone.
The Supreme Court’s ruling reinforces the urgency of addressing child exploitation in all forms and establishes a clear legal framework for prosecuting such offenses, aiming to protect the rights and welfare of children across the nation.