oppn parties Supreme Court Gets Strict On Child Pornography

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  • India beat Japan 4-1 to win a record sixth Asian Champions Trophy. India recovered from an early deficit to defeat Japan in the final at Mohali, extending its record as the tournament's most successful men's team
  • The Supreme Court issued notice to the Centre and the Election Commission on a petition challenging Section 16 of the Chief Election Commissioner and Other Election Commissioners Act, 2023, which grants the CEC and Election Commissioners protection from legal proceedings for acts performed in their official duties. The petition argues that such blanket immunity could leave citizens without an effective remedy for alleged wrongdoing by the Commission
  • The Supreme Court told voters whose names were deleted from Delhi's draft electoral rolls not to be apprehensive about seeking re-enrolment through Form 6, after the Election Commission assured it that such applicants would not be prosecuted merely because their names had appeared in earlier rolls
  • Congress leader Rahul Gandhi opened the party's campaign for the 2027 Punjab Assembly elections with an Insaaf rally in Sangrur, Chief Minister Bhagwant Mann's home district, accusing the AAP government of failing to control drugs, gangster violence and corruption. Congress president Mallikarjun Kharge outlined six commitments, including a drug-free Punjab, protection of farmers, employment for young people and action against corruption
  • Rahul Gandhi accused the AAP government of running Punjab through a remote control from Delhi and questioned Bhagwant Mann's ability to tackle drug abuse, making personal allegations about the Chief Minister's conduct during their time together in Parliament
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Supreme Court Gets Strict On Child Pornography

By Sunil Garodia
First publised on 2024-09-25 03:19:33

About the Author

Sunil Garodia Editor-in-Chief of indiacommentary.com. Current Affairs analyst and political commentator. Author of Cyber Scams in India, Digital Arrest, The Money Trap and The Human Hack

Landmark Judgment

The Supreme Court is spot-on in saying that watching 'child porn' is a crime under both the Pocso Act and the IT Act. There is no way that access to child pornographic material can be blocked completely. Technology has advanced and people devise ways to access the offensive material through various means. But the two Acts have provisions, as the court rightly pointed out, that can be interpreted to make such viewing a crime. Till now, courts had interpreted Section 15 of Pocso Act narrowly. But with this purposive interpretation, the Supreme Court, in a landmark judgment, has considerably widened the scope of the law.

Madras HC Judgment "Egregiously Erronous"

The decision came after NGO "Just Rights for Children Alliance" challenged a Madras HC order which acquitted a person for viewing child pornography on the premise that he had neither forwarded not circulated the offensive material in any way. Private viewing was held to be not criminal by the high court. But the NGOs advocate H S Phoolka argued that the order was "egregiously erroneous" and the Supreme Court accepted his argument. There were other conflicting judgments of high courts in respect of private viewing of child pornography. The Supreme Court judgement settles the matter by making it a crime.

Change The Term Child Pornography To CSEAM

The apex court called private viewing of child pornography an inchoate crime – a crime which is incomplete or preliminary but which captures (future) criminal intent. It also said that Parliament should seriously consider amending the Pocso Act to change the term 'child pornography' with CSEAM which the court said was 'child sexual exploitation and abusive material' which would capture the meaning and span of the crime more clearly. It also directed courts to abstain from using the term 'child pornography' and use CSEAM henceforth.

No Relief To Social Media Intermediaries

The court also did not grant any relief to social media intermediaries in this respect. It said that the 'safe habour' granted to them under the IT Act for third party material did not apply in these cases as the Pocso Act mandated that they take such material down immediately after reporting to the special juvenile police unit or the local police station or cyber crime portal, along with handing over of the material, including the source from which it originated. It, however, exempted criminal proceedings in cases where such material auto-downloaded (unknown to the user) on a user's device from any site without they carrying out anything express action to wilfully download it, with the condition that storage of such downloaded material on one's device (after coming to know about it) will be considered a crime. The person will have to report the material to the police and destroy it from their device.

Strong Verdict

The court also made it clear that even if a person who has downloaded such offensive material for private viewing destroys it before an FIR is filed, he cannot escape prosecution because the crime had been committed and the timing of registrating the FIR will be immaterial in such cases. This is a very strong verdict covering all aspects of the crime of viewing, storing and circulating child pornography that will go a long way in ensuring that the dignity of children is not degraded.