)New Delhi: The Supreme Court on Monday suggested that Parliament should amend the Protection of Children from Sexual Offenses (POCSO) Act to replace the term 'child pornography' with 'child sexual exploitation and abuse material'. It also said that keeping child pornography content in a personal device will be considered a crime under the POCSO Act. A bench headed by Chief Justice DY Chandrachud and comprising Justice JB Pardiwala said that using the term 'child sexual exploitation and abuse material' in place of the term 'child pornography' is necessary to reflect the reality of such crimes. Delivering the verdict on behalf of the bench, Justice Pardiwala said, 'We have also requested the Center that in the meantime it can consider issuing an ordinance to bring this amendment in the definition. Do not use the term child pornography, but say child sexual exploitation and abuse material'. The Supreme Court directed all courts not to use the term 'child pornography' in any judicial order.
Justice Pardiwala has also given many other suggestions in the Supreme Court. Justice Pardiwala, while rejecting the decision of the High Court, said, 'We have come to the conclusion that the High Court has made a serious mistake by giving the controversial verdict. The Supreme Court directed to run criminal proceedings against a person in the lower court. He was acquitted by the High Court. The Chief Justice said that this is a historic decision. This decision of the Supreme Court has come on a petition filed against the order of the Madras High Court. It was said that downloading and watching child pornography is not a crime under the POCSO Act and the Information Technology Act. In January 2024, the Madras High Court dismissed the criminal case against 28-year-old S Harish. He was accused by the prosecution of downloading and watching some pornographic material related to children on his mobile phone. The High Court had acquitted Harish, accused in cases of Protection of Children from Sexual Offenses (POCSO) Act, 2012 and Information Technology Act, 2000.
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