The Supreme Court on Monday set aside a ruling by the Madras High Court, which had held that merely downloading and watching child pornography does not amount to an offense under the Protection of Children from Sexual Offenses (POCSO) Act and the Information Technology (IT) Act. A bench led by Chief Justice D.Y. Chandrachud, along with Justices J.B. Pardiwala and Manoj Misra, declared that both viewing and downloading such content are criminal offenses punishable under these laws. The bench also issued guidelines addressing the legal ramifications of child pornography. Also read: Swear Healthcare Pvt. Ltd. Director Sanjeev Gaur Arrested in Fraud and Forgery Case
The apex court’s decision came in response to a petition challenging the Madras High Court’s earlier judgment. The petitioners, represented by senior advocate H.S. Phoolka, contended that the High Court’s interpretation conflicted with the existing legal framework. The Supreme Court, taking serious note of the discrepancy, found that quashing the criminal proceedings was a grave error on the part of the High Court and reinstated the prosecution. Additionally, the court urged Parliament to replace the term “child pornography” with “child sexual exploitative and abuse material (CSEAM)” through appropriate legislative amendments. Also read: The “India and Central Asia” book launch event was held at the India International Centre, New Delhi
Justice Pardiwala, who authored the judgment, expressed his gratitude to the Chief Justice for entrusting him with the responsibility to draft the ruling. Chief Justice Chandrachud, in turn, described the judgment as groundbreaking, noting that it is among the first globally to address child sexual exploitation material in such depth.
The case that triggered this ruling involved a 28-year-old man who was accused of downloading and viewing child pornography on his mobile phone. The Madras High Court had previously quashed the charges, reasoning that the accused had not published, transmitted, or created the explicit content as required by Section 67-B of the IT Act, 2000. The High Court had further observed that educating children about the dangers of pornography would be more beneficial to society than criminalizing such behavior.