'Downloading and watching child porn is a crime under POCSO', SC's big decision against child abuse

In its judgment, the Supreme Court suggested that the Parliament should bring a law amending the POCSO Act…

Supreme Court: The Supreme Court today on Monday delivered a significant verdict on stringent laws to prevent child abuse, declaring that downloading and viewing child pornography is an offence under the Protection of Children from Sexual Offences (POCSO) Act.

Let us tell you that the court set aside the order of the Madras High Court in which the High Court did not consider downloading and watching child pornography a crime. According to Bar and Bench, Justice J.B. Pardiwala said, “The High Court has made a mistake in its order, so we cancel the order of the High Court and send the case back to the Sessions Court.”

In its judgment, the Supreme Court suggested that Parliament should enact a law amending the POCSO Act, replacing the term “child pornography” with “child sexual abuse and degrading material”. The court said that the central government can bring an ordinance until the law is passed.

The court also ordered all courts not to use the term “child pornography”.

“We have suggested to Parliament to bring an amendment in POCSO…to include sexual abuse and exploitative material involving children in the definition of child pornography. We have suggested that an ordinance can be brought. We have asked all courts not to mention child pornography in any orders,” he said.

The Supreme Court agreed to hear a plea challenging the High Court verdict that held that downloading and viewing child pornography is not an offence under the Protection of Children from Sexual Offences (POCSO) Act and the Information Technology (IT) Act.

The high court made this remark while quashing criminal proceedings against a 28-year-old man, who was accused of downloading child pornography on his mobile phone.

The High Court had also said that children nowadays are facing the serious issue of viewing pornography and instead of punishing them, the society should be “mature enough” to educate them.

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