Watching child porn a crime under POCSO: SC

A bench headed by Chief Justice D Y Chandrachud set aside the Madras High Court ruling. File pic

In a landmark verdict, the Supreme Court on Monday held that watching and downloading child pornography are offences under the POCSO Act and the information technology law.

The apex court suggested Parliament consider amending the term ‘child pornography' with "child sexually abusive and exploitative material" by bringing changes in law, and asked the courts not to use the term ‘child pornography'.

A bench headed by Chief Justice D Y Chandrachud set aside the Madras High Court ruling that had said mere downloading and watching child pornography was not an offence under the Protection of Children from Sexual Offences (POCSO) Act and Information Technology (IT) Act.

The bench, also comprising Justices J B Pardiwala and Manoj Misra, also laid down certain guidelines on child pornography and its legal consequences.

"We have said about lingering impact of child pornography on victimisation and abuse of children and on role to report an offence, including role of society and stakeholders," the bench said.

Verdict will have impact on society: Petitioner

The Supreme Court's judgement that watching and downloading child pornography are offences under the POCSO Act, will have long lasting and global impact on society, crime and child rights, a petitioner said. Bhuwan Ribhu, petitioner and founder of Just Rights for Children Alliance, said India, has once again, paved the way globally by laying down the framework for prevention and protection of children from this transnational and organised crime.

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