In a landmark ruling on September 23, the Supreme Court of India declared that storing child pornographic material, even without the intent to distribute or transmit it, is an offence under the Protection of Children from Sexual Offences (POCSO) Act. This judgment, delivered by a bench led by Chief Justice of India DY Chandrachud and Justice JB Pardiwala, marks a significant shift in the legal stance on child pornography.
The ruling comes after the Supreme Court overturned a controversial judgment by the Madras High Court. The lower court had previously ruled that merely viewing or downloading child pornography, without any intent to share it, did not constitute an offence. This interpretation has now been firmly set aside by the Supreme Court, which made it clear that mere possession of such material is a criminal act under POCSO, given the law’s core focus on protecting children from sexual abuse and exploitation.
Chief Justice Chandrachud emphasized that child pornography is a serious violation of children’s rights, and any form of possession, regardless of the intent to distribute, furthers the cycle of abuse. The Court highlighted the need for stringent application of the law to prevent the spread of such harmful content, ensuring that individuals who store such material are held accountable.
The ruling has significant implications for India’s legal framework surrounding child sexual exploitation, reinforcing that even passive consumption or storage of child pornography is enough to constitute a criminal offence. This decision aligns with global efforts to combat child exploitation online by criminalizing every aspect of the production, possession, and distribution of child pornography.