The Supreme Court on Monday overturned a Madras High Court ruling that had controversially declared that merely downloading and watching child pornography was not an offence under the POCSO Act and information technology law.
A bench comprising Chief Justice D Y Chandrachud, and Justices J B Pardiwala and Manoj Misra declared that both watching and downloading child pornography are punishable offences under the POCSO Act and IT law.
The bench also issued guidelines on the legal consequences of child pornography.
The apex court delivered its judgment following an appeal against the Madras High Court’s order, which previously had quashed criminal proceedings against a man for downloading child pornographic content. The Supreme Court’s decision resonates with submissions from senior advocate H S Phoolka, representing NGOs focused on child welfare, and reaffirms the stringent legal stance against child pornography.
