The Supreme Court on Friday reserved its judgment on an appeal challenging the Madras High Court’s decision that downloading and possessing child pornography is not a criminal offence.

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Is watching child pornography an offence? SC reserves order: ‘Delete promptly’
By
HT News Desk
Apr 19, 2024 11:04 PM IST

“A child watching porn may not be an offence but children being used in pornography may be an offence and is a matter of serious concern,” Supreme Court said.

The Supreme Court on Friday reserved its judgment on an appeal challenging the Madras High Court’s decision that downloading and possessing child pornography is not a criminal offence.

In January, Madras High Court dismissed criminal charges against a 28-year-old individual accused of downloading such content on his mobile phone. (HT File Photo (Representative Image))
In January, Madras High Court dismissed criminal charges against a 28-year-old individual accused of downloading such content on his mobile phone. (HT File Photo (Representative Image))

The bench, comprising Chief Justice of India DY Chandrachud and Justice JB Pardiwala, reserved its verdict after hearing arguments from both sides.

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“A child watching porn may not be an offence but children being used in pornography may be an offence and is a matter of serious concern,” the bench said.

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Mere watching children’s pornography not offence under POCSO, IT law: Madras HC
The Madras High Court recently in its ruling stated that solely downloading and watching child pornography does not constitute an offence under the Protection of Children from Sexual Offences Act (POCSO) Act and the Information Technology law.

In January, the high court dismissed criminal charges against a 28-year-old individual accused of downloading such content on his mobile phone.

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“In order to constitute an offence under Section 67-B of Information Technology Act, 2000, the accused person must have published, transmitted or created material depicting children in a sexually explicit act or conduct.

“A careful reading of this provision does not make watching child pornography, per se, an offence under Section 67-B of Information Technology Act, 2000,” the high court had said.

The accused had said the material was downloaded automatically on his WhatsApp.

Senior advocate H S Phoolka, representing two organisations – Just Rights for Children Alliance and Bachpan Bachao Andolan, challenged the court’s decision, citing provisions from the POCSO Act and the Information Technology Act.

ALSO READ- ‘There has to be sanctity’: Supreme Court on VVPAT verification

What does Supreme Court say?
The top court said that if someone receives such material in their inbox, it should be promptly deleted or destroyed to avoid legal scrutiny. Failure to do so could constitute an offence under relevant laws.

The Supreme Court permitted the National Commission for Protection of Child Rights (NCPCR) to intervene in the case and submit written arguments by April 22.

“Arguments concluded, and judgement reserved,” the CJI said.

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What Madras HC had said about children watching porn?
The Madras High Court raised concerns about the harmful effects of pornography on teenagers. It raised concern over the negative impact on their mental and physical well-being and stressed the need for proper education and counselling to address this issue.

The court suggested starting educational efforts at the school level, as exposure to adult content often begins early.

(Inputs from PTI)

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‘Constitution was in danger under Congress’ rule’: BJP’s Ravi Shankar Prasad
By
HT News Desk
Apr 20, 2024 08:12 AM IST

Prasad claimed that Congress, during the emergency, made all the efforts to change the Constitution.
Bharatiya Janata Party (BJP) leader Ravi Shankar Prasad has launched a vitriolic attack on the Congress party over their claims of a “threat to the Constitution” if Prime Minister Narendra Modi-led NDA is voted to power again, saying that the constitution was in danger under the grand old party’s rule when the Indira Gandhi-led government imposed an emergency in the country and made all efforts to change it.

BJP leader Ravi Shankar Prasad. (File photo)
BJP leader Ravi Shankar Prasad. (File photo)

While addressing the reporters after the phase one voting of the 18th Lok Sabha elections, the former law minister and BJP Lok Sabha candidate from Bihar’s Patna Sahib constituency said, “The Prime Minister and all of us made it clear that this would not happen. We abide by the Constitution which came under serious threat during the Emergency brought by a Congress government headed by Indira Gandhi who had the support of the Left”.

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Prasad further claimed that Congress, during the emergency, made all the efforts to change the Constitution, but today, they allege that the constitution is under serious threat.

The senior party leader further claimed that the NDA will even breach the 400-seat mark in the ongoing polls. “We talk of ‘400 paar,’ and now there are indications that the figure can go even further…The opposition is showing signs of frustration at defeat; they say only one thing: the Constitution will change. Who is talking about changing the Constitution?” he said.

The former union minister further charged the Congress with supporting orthodox practices, including polygamy, by promising “freedom of personal laws” in its “Muslim League” alike manifesto for Lok Sabha elections.

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