'Watching Child Porn A Crime': Supreme Court's Landmark Verdict Urges Parliament To Amend POCSO

The Supreme Court in a landmark verdict set aside the Madras HC order that held that ‘only watching child porn’ is not an offence under the POCSO Act

The Supreme Court on Monday in a landmark verdict set aside the Madras High Court order that held that ‘only watching child porn’ is not an offence under the POCSO (Protection of Children from Sexual Offences) and the Information Technology (IT) acts. The top court held that watching, and even mere storage of child pornographic material is also an offence under the POCSO.

The landmark verdict overturned the Madras High Court judgment that had quashed a criminal case against a 28-year-old man, charged for downloading and watching on his mobile phone some pornographic content involving children. The top court today restored the criminal proceedings against the accused.

The court further said that the term "Child Pornography" should not be used and instead child sexual exploitative and abuse material should be used in courts to deal with such cases.

The top court has also suggested to the parliament to bring an amendment to POCSO Act so that definition of 'child pornography' can be referred to as "child sexually abusive and exploitative material." 

The court said that the Parliament should seriously consider to bring about an amendment to the POCSO for the purpose of substituting the term “child pornography” that with “child sexual exploitative and abuse material” (CSEAM) with a view to reflect more accurately on the reality of such offences.

"We have suggested an ordinance can be brought in. We have asked all courts not to refer to child pornography in any orders," Justice JB Pardiwallah said while pronouncing verdict.

"We put the courts to notice that the term “child pornography” shall not be used in any judicial order or judgment, and instead the term 'child sexual exploitative and abuse material' (CSEAM) should be endorsed," the order read. 

CJI DY Chandrachud who was also part of the same bench said that it is a landmark judgment and the first instance in world where law on child sexual exploitative and abuse material is dealt in such detail by judiciary.

The Madras High Court had said that mere possession of child sexual exploitative material and watching is not an offence if there was no transmission or dissemination. But, the Supreme Court today took opposite view and said not reporting to the authorities after receiving such material from any source is an offence. The top court said that the High Court committed an egregious error in passing the said judgment.