On September 23, the Supreme Court stated that downloading and watching child pornography is an offense that constitutes an offense under the Protection of Children from Sexual Offenses (POCSO) Act.
Supreme Court Bench Led by CJI DY Chandrachud and Justice JB Pardiwala Overturned
Chief Justice of India DY Chandrachud and Justice JB Pardiwala’s bench overturned the Madras High Court’s decision that downloading and viewing child pornography was not a crime under the POCSO Act. The Supreme Court stated that the judgment’s granting was the result of equally an “egregious error” by the high court.
The court also suggested that “child sexual exploitation and abusive material” be used in place of the phrase “child pornography” in the POCSO Act amendment. The Supreme Court further recommended that the Union government could issue an ordinance to carry out this alteration until the amendment passes the law.
SC also directed all courts not to use the term “child pornography.”
