Supreme Court Overturns High Court Decision Regarding Child Pornography Offense

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"Supreme Court Overturns High Court Decision Regarding Child Pornography Offense

Downloading and viewing child pornography is deemed illegal under the Protection of Children from Sexual Offences (POCSO) Act as per the Supreme Court's recent ruling, marking a significant development in the prevention of child abuse. 

Chief Justice of India DY Chandrachud and Justice JB Pardiwala's bench annulled the Madras High Court's decision that viewing and downloading child pornography did not constitute an offense under the POCSO Act." The Supreme Court observed that the higher court had made a serious mistake in issuing its ruling. 

The Madras High Court's decision was made in a matter involving a 28-year-old individual accused of possessing child pornography on his mobile device. The court dismissed the criminal charges against the individual, emphasizing the prevalence of minors accessing pornography and the need for society to prioritize education over punitive measures in addressing this issue. 

The criminal proceedings against the man were reinstated by the Supreme Court today. Justice Pardiwala expressed gratitude to the Chief Justice at the beginning of the judgment. The order pertained to Section 15 of the POCSO Act, which specifies penalties for the possession of child pornography. Any individual found storing child pornography and failing to either report or destroy it is subject to a fine of no less than five thousand rupees. Repeat offenders will face a fine of no less than ten thousand rupees. If the material is stored for the purpose of transmitting or propagating, it is punishable by both a fine and up to three years of imprisonment. "The Section states that individuals who store child pornography for commercial purposes may face a sentence of three to five years in prison, with a potential maximum sentence of up to seven years in subsequent convictions."

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