New Delhi: The Supreme Court Monday said watching and downloading child po*nography are offences under the POCSO Act and the information technology law.
A bench of Chief Justice DY Chandrachud and Justices JB Pardiwala and Manoj Misra set aside a Madras High Court ruling that had earlier said that mere downloading and watching child po*nography was not an offence under the POCSO Act and the information technology law.
The apex court bench also laid down certain guidelines on child po*nography and its legal consequences.
The top court delivered its verdict on a plea challenging the Madras High Court order.
The apex court had earlier agreed to hear the plea challenging the high court ruling that had said mere downloading and watching child po*nography was not an offence under the Protection of Children from Sexual Offences (POCSO) Act and Information Technology (IT) Act.
The high court January 11 had quashed the criminal proceedings against a 28-year-old man charged with downloading po*nographic content involving children on his mobile phone.
The high court had also said children these days were grappling with the serious issue of watching po*nography and instead of punishing them, society must be “mature enough” to educate them.
The Supreme Court had taken note of the submissions made in the matter by senior advocate HS Phoolka, who represented two petitioner organisations, that the high court verdict was contrary to the laws in this regard.
The senior lawyer appeared in the court on behalf of NGOs Just Rights for Children Alliance, based in Faridabad, and the New Delhi-based Bachpan Bachao Andolan. The organisations work for the welfare of children.
PTI