Storing or watching child pornography is an offence under POCSO act : SC

SC sets aside the decision of the Madras High Court

The Supreme Court has instructed Parliament to amend the POCSO Act.

New Delhi – Storing or viewing child pornography is an offence under the POCSO Act, the Supreme Court has ruled. In this regard, the Madras High Court had earlier ruled that watching such content was not an offence. This decision has now been annulled by the Supreme Court. The Supreme Court has also directed that no Courts in the country should use the word ‘child pornography’. SC ordered the use of the term ‘Child Sexual Exploitation and Abuse Material’ henceforth, and also said that the POCSO Act should be amended to include the term.

The Supreme Court stated, “We have directed the Parliament to amend the POCSO Act. Therefore, ‘child pornography’ will be defined as ‘material that sexually abuses and exploits children’. We have suggested bringing an ordinance in this regard. We have also asked all the Courts not to refer as ‘child pornography’ in any order.”

A 28-year-old man was on trial in the Madras High Court for posting information related to child pornography. The High Court had quashed the case against the accused. A petition was filed in the Supreme Court against the decision of the High Court.

Editorial Perspective

Watching and downloading any porn video should be categorised as an offence. Many cases of rape of minors and young women after watching such porn videos on mobile phone, have come to light. Therefore, the Government must be serious in this regard.