Supreme Court Upholds 'Inchoate Crimes' in Child Pornography Cases

The Supreme Court ruled that mere possession of child pornographic material constitutes an 'inchoate crime' punishable under the Protection of Children from Sexual Offences Act (POCSO). The judgment emphasized the proactive legal approach to prevent crimes in preparatory stages, focusing on intention rather than actual dissemination.

The Supreme Court made a landmark ruling on Monday, noting that the mere possession of child pornographic material constitutes an 'inchoate crime' under the Protection of Children from Sexual Offences (POCSO) Act.

A bench comprising Chief Justice D Y Chandrachud and Justice JB Pardiwala explained that inchoate crimes involve criminal acts committed in preparation for a further offence. These crimes focus on the intention and preparatory actions leading to a criminal act.

The court elaborated that Section 15 of the POCSO Act penalizes the storage or possession of child pornographic material with intent or purpose, even without actual distribution. The ruling underscores the legal system's proactive stance in crime prevention, particularly concerning inchoate offences.