Storing and viewing child sexually exploitative abuse material an offence under POCSO: Supreme Court

‘It is a groundbreaking judgement,’ says CJI Chandrachud; Bench bans the use of the term ‘child pornography’.

The Supreme Court on Monday (September 23, 2024) held that storage and private viewing of child sexually exploitative abuse material an offence under the Protection of Children from Sexual Offences (POCSO) Act.

Also read: Downloading child pornography is an offence

A three-judge Bench of the Supreme Court headed by Chief Justice of India D.Y. Chandrachud sets aside the Madras High Court judgment that mere downloading and private viewing of child pornography is not an offence under POCSO.

The judgment was based on a petition filed by an NGO coalition, Just Rights for Children Alliance. The judgment, authored by Justice J.B. Pardiwala, bans the use of the term ‘child pornography’. The Bench urged the Parliament to amend the POCSO to replace the term with ‘Child Sexually Exploitative Abuse Material/CSEAM’.

The Bench directed the courts across India to henceforth use CSEAM instead of child pornography in judicial orders.

The judgment has also interpreted various provisions of POCSO.

The Madras High Court had quashed the judicial proceedings against a 28-year-old man and held that downloading CSEAM was not an offence under Section 67B of the Information Technology (IT) Act, 2000.

The High Court had categorically said that watching CSEAM was not per se an offence as the accused had merely downloaded it onto his electronic gadget and watched it in private. The High Court also referred to a case decided by the Kerala High Court where it had been held that watching pornography in private space was not an offence under Section 292 of the Indian Penal Code.

The judgment on Monday, September 23, 2024 directed the revival of criminal proceedings against the man. Chief Justice Chandrachud said the judgment was groundbreaking.

Published - September 23, 2024 11:21 am IST