The Supreme Court has issued a significant ruling regarding child pornography, stating that viewing, publishing, or downloading obscene content involving children is a punishable offense under the POCSO Act. The bench, comprising Chief Justice D.Y. Chandrachud, Justice J.B. Pardiwala, and Justice Manoj Mishra, delivered this verdict, overruling a decision by the Madras High Court.
Recently, the Madras High Court quashed a case against a man accused of having child pornography on his mobile phone, asserting that merely downloading or viewing such content does not constitute an offense under the POCSO Act. In response to this ruling, several child rights organizations approached the Supreme Court.
During the hearing, Justice J.B. Pardiwala emphasized the need to clarify the mental state presumption for the accused and outlined new guidelines. He recommended that the central government amend the POCSO Act to replace the term “child pornography” with “child sexually abusive and exploitative material” (CSAEM) and “child sexual abuse material.” Justice Pardiwala, part of the bench led by Chief Justice Chandrachud, authored the extensive 2000-page judgment.
He urged that until Parliament approves the changes to the POCSO Act, an interim law should be enacted. The Supreme Court also advised lower courts across the country to use the term CSAEM in their orders to more accurately reflect the nature of these crimes.