Storing or watching child pornography is an offense under the (POCSO) Act in India.

Key Aspects of the Supreme Court Ruling

The recent ruling by the Supreme Court regarding child pornography under the Protection of Children from Sexual Offences (POCSO) Act, 2012, clarifies important legal standards. Here’s a summary of the key points:

Supreme Court Ruling Highlights

1. Storing and Viewing as Offenses: The Court ruled that storing or viewing child pornography on digital devices can be an offense under the POCSO Act, specifically if there is an intention to gain or benefit from it.

2. Overturning Previous Ruling: The Supreme Court overturned a decision by the Madras High Court, which had held that private viewing of child pornography, without any distribution, was not an offense.

3. Intent Matters: The ruling emphasizes that for an action to be considered a crime under Section 15 of the POCSO Act, there must be evidence of intent to distribute, transmit, or facilitate sharing of child pornography. Simply storing such content without the intent to share may not be enough for criminal liability.

4. Legal Clarification: This decision clarifies the threshold for criminality regarding child pornography, focusing on the importance of intent in determining whether an offense has occurred.

5. Protection of Children: The ruling reinforces the legal framework designed to protect children from sexual exploitation and emphasizes accountability for those who engage with such material.

Conclusion

This Supreme Court ruling serves to strengthen the legal stance against child pornography, ensuring that individuals who store or view such content with the intention to exploit or share it can be prosecuted. It highlights the importance of intent in determining criminal liability and underscores the ongoing commitment to protecting children under the POCSO Act.