The Supreme Court has made it clear that downloading and keeping child pornography is a crime. The court stated that if someone does not delete such material or inform the police, they can be charged under Section 15 of the POCSO Act.
The Supreme Court overturned a decision by the Madras High Court, which had dismissed a case against a person who had downloaded and kept child pornography, without sharing it with anyone. The Supreme Court ruled that just possessing such material is a crime.
Advice to Amend the POCSO Act
The Supreme Court has advised the central government to amend the POCSO Act and replace the term “child pornography” with “child sexually abusive and exploitative material (CSAEM).” The decision was written by Justice J.B. Pardiwala as part of a 200-page judgment, with Chief Justice D.Y. Chandrachud heading the bench.
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The court also suggested that until the Parliament approves changes to the POCSO Act, an ordinance should be passed. It further advised courts across the country to use the term CSAEM in their rulings.
Section 15 of the POCSO Act is Enough
Section 15 of the POCSO (Protection of Children from Sexual Offences) Act, under sub-section 1, declares possessing child pornography as a crime, with penalties ranging from a fine of ₹5,000 to a prison sentence of up to 3 years. Sub-section 2 criminalizes the distribution of such material, and sub-section 3 makes its commercial use a crime.
The Madras High Court had based its relief for the accused on sub-sections 2 and 3, but the Supreme Court clarified that sub-section 1 alone is sufficient to charge someone.
