New Delhi – The Supreme Court of India is set to deliver a pivotal judgment on the legality of watching child pornography under the Protection of Children from Sexual Offences (POCSO) Act. This decision comes in response to a plea challenging a ruling by the Madras High Court, which stated that viewing child pornography in private does not constitute an offense under the POCSO Act. The Supreme Court's verdict, scheduled for September 23, follows a notice issued by a bench led by Chief Justice D.Y. Chandrachud in March this year
The case gained attention after the Madras High Court quashed an FIR and criminal proceedings against a 28-year-old man from Chennai who was accused of downloading and watching child pornography privately. In its controversial ruling, the Madras High Court, presided over by Justice N. Anand Venkatesh, argued that the accused had merely downloaded the material for personal viewing and had not shared or transmitted it to others.
The court stated, “Since he has not used a child or children for pornographic purposes, at best, it can only be demonstrated as a moral decay on the part of the indicted person.” The Chennai police initiated action against the man by registering an FIR under Sections 67B of the Information Technology Act and Section 14(1) of the POCSO Act after discovering child pornography on his phone.
The incident has sparked a nationwide debate about the implications of the Madras High Court's ruling, raising questions about child protection laws and the responsibilities of individuals in possessing such material. Both the POCSO Act, enacted in 2012, and the IT Act, established in 2000, clearly criminalize the creation, distribution, and possession of child pornography.
As the Supreme Court prepares to announce its decision, the outcome is expected to have significant ramifications for child protection legislation in India and the legal interpretation of private viewing of illicit content. Legal experts and child rights advocates are closely monitoring the situation, anticipating that the court's ruling will clarify the boundaries of the law related to such serious offenses.
