Storage of child pornographic material an offence under POCSO Act: Supreme Court

The Supreme Court on September 23 delivered it verdict and siad that mere storage of child pornographic material is an offence under the Protection of Children from Sexual Offences Act (POCSO Act). With this, the SC set aside Madras High Court ruling that had said that mere downloading and watching child pornography was not an offence under the POCSO Act and the IT law.
 
While giving the verdict, the top court also suggested the Parliament to bring a law amending the POCSO Act to replace the term “child pornography” with “Child Sexual Exploitative and Abusive Material”. “Pending enactment of the amendment, the Union government can bring in an Ordinance to this effect,” SC said.
In addition to this, a bench headed by Chief Justice D Y Chandrachud also directed all courts not to use the term “child pornography”.
 
“We have suggested to Parliament to bring an amendment to POCSO… so that definition of child pornography can be referred to as ‘child sexually abusive and exploitative material’. We have suggested an Ordinance can be brought in,” it said.
Earlier on January 11 this year, the high court had quashed the criminal proceedings against a 28-year-old man charged with downloading pornographic content involving children on his mobile phone.
While pronouncing the verdict, the apex court restored the criminal proceedings in the case saying the high court had erred in quashing it. The bench said the sessions court will now deal with the case afresh.
 
Terming the high court ruling atrocious, the apex court had earlier agreed to hear the plea challenging the high court ruling that had said mere downloading and watching child pornography was not an offence under the Protection of Children from Sexual Offences (POCSO) Act and Information Technology (IT) Act.
(With inputs from PTI)