India

SC to decide if viewing of child pornography falls under POCSO

Supreme Court of India. [File Photo]

New Delhi: The Supreme Court is set to deliver its verdict on Monday regarding a plea challenging a Madras High Court ruling that private viewing of child pornography does not fall under the Protection of Children from Sexual Offences (POCSO) Act.

According to the apex court’s website, the judgment, authored by Justice JB Pardiwala, will be announced on September 23.

In March, a bench led by Chief Justice DY Chandrachud had issued a notice on the petition contesting the Madras High Court decision, which stated that downloading and possessing child pornography does not constitute a criminal offense.

The Madras High Court had quashed an FIR and legal proceedings against a 28-year-old man from Chennai, ruling that private consumption of child pornography did not violate the POCSO Act. Justice N Anand Venkatesh explained that since the accused only downloaded and privately viewed the material without sharing or distributing it, this amounted to moral misconduct but not a legal offense under POCSO.

The accused was charged by Chennai police under Section 67 B of the Information Technology Act and Section 14(1) of the POCSO Act after authorities discovered child pornography on his phone.

In India, the creation, distribution, and possession of child pornography are illegal under the POCSO Act 2012, the IT Act 2000, and other relevant laws.

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