Child Pornography: Watching or downloading child pornography is a crime under POCSO, Supreme Court overturns Madras HC decision

Supreme Court On Child Pornography: The Supreme Court has given a big decision regarding child pornography. Hearing on Monday, the Supreme Court said that storing and watching child pornography is a crime under POCSO and IT Act. A bench of CJI DY Chandrachud and Justice JB Padriwala overturned the order of the Madras High Court, which said that it is not a crime unless the intention is to disseminate this material.

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The Supreme Court suggested the Central Government to issue an ordinance to replace the term 'child pornography' with 'child sexual exploitation and abuse material'. The apex court has also directed all courts not to use the term 'child pornography' anymore.

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Justice JB Padriwala also gave a suggestion to the Parliament in his decision. He said that the term 'child sexually exploitative and abusive material' should be used instead of child pornography. The court asked the central government to bring an ordinance for this and make changes. The Supreme Court also directed the courts not to use the term “child pornography”.

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Kerala-Madras High Court had refused to consider only watching child pornography as a crime

Earlier, while hearing a case on 13 September 2023, the Kerala High Court had said that if a person is watching pornographic photos or videos privately, then it is not a crime, but if he is showing it to someone else, then it would be illegal. Actually, an NGO had approached the Supreme Court after an accused was acquitted first in the Kerala High Court and then on the basis of that in the Madras High Court. The Supreme Court had reserved its decision on this on 12 August.

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