[Sexual Abuse Material] “Deleting Child Porn After Downloading Also An Offence”: CJI

The Supreme Court Today (Sept 23) set aside a Madras High Court order that had said that downloading and watching child pornography is not an offence, ruling that viewing and storing such content is an offence under the Pocso Act. A 2-judge bench headed by CJI DY Chandrachud said that deleting child pornography content after downloading, watching and storing is also punishable acts.

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NEW DELHI: The Supreme Court, on Monday, overturned a Madras High Court order that had previously ruled that downloading and viewing child pornography was not an offence, affirming that both actions are punishable under the Protection of Children from Sexual Offences (Pocso) Act.

This decision follows a January 11 ruling by the Madras High Court, which had dismissed criminal charges against S Harish, a 28-year-old man from Chennai, who was accused of downloading child pornographic content onto his mobile phone.

A Bench of Chief Justice of India (CJI) DY Chandrachud and Justice JB Pardiwala explained that the term trivializes the gravity of the offence, as pornography is typically associated with consensual act between adults.

The Supreme Court made it clear that watching, downloading, and storing such content are all punishable acts, even if the content is deleted afterward.

Supreme Court on the Child Pornography Case

Here are the key points from the Supreme Court’s ruling:

• Viewing and Possessing Child Pornography:
  “Any act of viewing, distributing, or displaying content related to child pornography by a person over the internet with or without actual or physical possession or storage of such material in any device or other manner is an offence under the Pocso Act.”

• Madras High Court’s Error:
  “The Madras High Court committed an egregious error in passing the judgment.”

• Punishment for Storage and Possession:
  “A person can be punished if it has been established that he/she had ‘stored’ or ‘possessed’ any child pornographic material before the initiation of the case or the registration of an FIR.”

• Penalization for Storage and Sharing:
  “We have already penalised the storage and sharing of child pornographic material for those who have an intent to get economic gain or benefit.”

• Recommendation for Terminology Change:
  “We suggest that an amendment is brought in to refer to such material as ‘child sexual exploitative and abuse material,’ and we also ask all courts not to refer to it as ‘child pornography’ in its orders.”

Broader Recommendations and Insights:

The court went beyond the legal framework and addressed the importance of preventive measures and rehabilitation:

• Comprehensive Sex Education:
  “Implementing comprehensive sex education programmes that include information about the legal and ethical ramifications of child pornography can help deter potential offenders.”

• Resistance to Sex Education in India:
  “Viewing sex education as a Western concept that does not align with traditional Indian values has led to resistance from various state governments in implementing sex education programmes in schools.”

• Cognitive Behavioral Therapy (CBT):
  “For those already involved in viewing or distributing child pornography, Cognitive Behavioural Therapy (CBT) has proven effective in addressing the cognitive distortions that fuel such behaviour.”

• Training for Professionals:
  “Educators, healthcare professionals, and law enforcement officers should be imparted training to identify signs of problematic sexual behaviour (PSB).”

• Public Awareness Campaigns:
  “Raising awareness about the realities of child sexual exploitative material and its consequences through public campaigns can help reduce its prevalence.”

This landmark decision underscores the need for stringent measures against child pornography and calls for a societal shift in understanding and addressing sexual exploitation through education and awareness.

Click Here to Read Previous Reports on CJI

Click Here to Read Previous Reports on Child Porn

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