SC Verdict Declares Possession of Child Pornography a Serious Offence

The Supreme Court ruled that mere possession of child pornographic material constitutes an offense under POCSO and IT laws, overturning a previous Madras HC decision. It urged Parliament to amend POCSO terminology and called for public awareness campaigns and comprehensive sex education to combat this issue.

The Supreme Court has ruled that mere possession of child pornographic material is a criminal offense under both the Protection of Children from Sexual Offences (POCSO) Act and the Information Technology (IT) Act, even if it is not disseminated further. This overturns a previous ruling by the Madras High Court, which had stated that simply downloading and watching such material was not an offense under these laws.

In its recent verdict, the Supreme Court suggested that Parliament should consider amending the POCSO Act to replace the term 'child pornography' with 'child sexual exploitative and abuse material' to more accurately reflect the gravity of such offenses. The Court also recommended that the Centre might implement this change via an ordinance in the interim.

The Court directed all lower courts not to use the term 'child pornography' in any judicial orders or judgments, but to adopt the term 'child sexual exploitative and abuse material (CSEAM)' instead. Additionally, the Court emphasized the importance of comprehensive sex education and public awareness campaigns to deter potential offenders and reduce the prevalence of child sexual exploitation.