Supreme Court: In a historic decision, it said that possession of any pornographic material related to children will also be considered a crime under POCSO and IT laws

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The Supreme Court on Monday overturned the Madras High Court’s order which said that watching and downloading child pornography (child porn, obscene material) is not a crime under the POCSO Act and IT Act. In a landmark decision on Monday, the Supreme Court said that possession of any obscene material related to children will also be considered a crime under the Protection of Children from Sexual Offenses (POCSO) and Information Technology (IT) laws, even if they are not further disseminated.

A matter of serious concern in India
The Supreme Court said that ‘sexual abuse of children is an issue which is widespread and has taken deep roots. This matter has plagued societies all over the world and it is a matter of serious concern in India.’

The Supreme Court termed the Madras High Court’s decision as very bad
The court rejected the Madras High Court’s decision on this issue, terming it ‘very bad’. A bench of Chief Justice DY Chandrachud, Justice JB Pardiwala and Justice Manoj Mishra on Monday quashed the Madras High Court order which said that viewing and downloading child pornography is not a crime under the Protection of Children from Sexual Offences (POCSO) Act and the Information Technology (IT) Act.

No option but to cancel the High Court’s decision – SC
The Supreme Court said, ‘We have come to the conclusion that the High Court has made a serious error in passing the impugned decision. We have no option left but to cancel this decision and restore the criminal proceedings in the court of Mahila Neeti Mandram (fast-track court) in the Sessions Court of Tiruvallur District.’

The court said, Parliament should consider this matter
The court suggested that Parliament should consider amending the law and changing the term ‘child pornography’ to “sexual abuse and obscene material with children”. It asked the courts not to use the term ‘child pornography’. The bench also issued some guidelines on child pornography and its legal consequences.

Parliament should amend POCSO

The court said, ‘We have suggested to the Parliament to amend POCSO… so that the definition of child pornography can be changed to ‘sexual abuse and obscene material with children’. We have suggested that an ordinance can be brought. ‘

The High Court order was challenged
The Supreme Court gave its verdict on the petition in which the order of the Madras High Court was challenged. The court said that in the meantime, all the courts in the decision ‘have to keep in mind that the term ‘child pornography’ will not be used in any judicial order or decision, but instead the term ‘Child Sexual Exploitation and Abuse Material’ (CSEAM) should be used.

Increased cases of child pornography in the country
Let us tell you that according to the data of the National Crime Records Bureau, there has been a rapid increase in the cases of child pornography in the country. Where 44 cases were registered in the country in 2018. Whereas in 2022, this number has increased to 1171.