Supreme Court Reserves Verdict on Appeal Against Madras High Court Order on Watching Child Porn

Supreme Court Reserves Verdict on Appeal Against Madras High Court Order on Watching Child Porn

The Supreme Court has reserved its verdict on an appeal challenging the ruling of the Madras High Court, which stated that downloading and possessing child pornography is not considered a crime. This decision has sparked significant debate and concern regarding the legal framework surrounding such offenses.

Bench's Consideration and Verdict Reservation

A bench comprising Chief Justice of India DY Chandrachud and Justice JB Pardiwala heard arguments from both parties before reserving the verdict. The court has allowed the parties involved to submit written submissions by Monday, indicating the complexity and importance of the case.

Appeal and High Court Ruling

The appeal was filed by NGOs Just Rights for Children Alliance and Bachpan Bachao Andolan against the Madras High Court's ruling in January. The High Court's decision essentially stated that simply downloading and watching child pornography does not constitute an offense under the Protection of Children from Sexual Offences Act (POCSO) or the Information Technology Act.

Interpretation of Relevant Laws

The crux of the High Court's decision rested on the interpretation of relevant laws. It determined that for an offense under the POCSO Act to be established, children must have been used for pornographic purposes. Similarly, under the IT Act, the accused must have been involved in publishing, transmitting, or creating the material to be charged.

Case Details and Outcome

The case in question involved a 28-year-old individual who was charged with downloading child pornographic content onto his mobile phone. The Chennai Police had registered a case against him under Sections 67B of the IT Act and 14(1) of the POCSO Act. However, the High Court quashed the FIR and criminal proceedings against him, ruling that downloading and possessing such content did not constitute an offense.

Implications and Considerations

This case underscores the critical need for clarity and effectiveness in legislation concerning child protection and cybercrime. It also raises questions about the adequacy of existing laws in addressing the complexities of online offenses, particularly those involving the exploitation of children.

Conclusion

The Supreme Court's eventual verdict on this appeal will have far-reaching implications for legal frameworks and law enforcement efforts aimed at combating the proliferation of child pornography and safeguarding vulnerable individuals in the digital age.