In a landmark verdict, the Supreme Court on Monday held that watching and downloading child pornography are offences under the POCSO Act and the information technology law.
The apex court suggested Parliament consider amending the term ‘child pornography’ with “child sexually abusive and exploitative material” by bringing changes in law, and asked the courts not to use the term ‘child pornography’.
A bench headed by Chief Justice D Y Chandrachud set aside the Madras High Court ruling that had said mere downloading and watching child pornography was not an offence under the Protection of Children from Sexual Offences (POCSO) Act and Information Technology (IT) Act.
The bench, also comprising Justices J B Pardiwala and Manoj Misra, also laid down certain guidelines on child pornography and its legal consequences.
“We have said about lingering impact of child pornography on victimisation and abuse of children and on role to report an offence, including role of society and stakeholders,” the bench said.