The new legal measures have made it illegal to watch child pornography on any electronic device, including laptops, PCs, and smartphones. In a landmark judgment, the court highlighted the significance of the doctrine of inchoate crimes within criminal jurisprudence.
The Supreme Court has declared that the mere possession, downloading, storing, and watching pornograhic content is a criminal offence under the Protection of Children from Sexual Offences (Pocso) Act and termed it as "inchoate crime", which is defined as a criminal act, committed in preparation for a further offence.
This doctrine focuses on the legal accountability of individuals who undertake preparatory actions leading up to the commission of a substantive crime.The court clarified that the intention behind possessing child pornographic material is punishable, irrespective of whether the material is actually transmitted.
Offenders can face severe consequences, with potential prison sentences ranging from 3 to 7 years, along with substantial fines. This legislation aims to combat child exploitation and ensure stricter penalties for those involved in the distribution and consumption of such material, reflecting a commitment to protecting children and promoting their safety.
Thus, the mere act of storing or possessing such material with specific intent constitutes a criminal offense. This ruling reinforces the legal framework surrounding child exploitation and emphasizes the seriousness with which preparatory actions are treated in the context of criminal law.
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