Child Pornography: A Serious Crime

The Supreme Court has unequivocally ruled that the act of viewing, distributing, or displaying child pornographic material, even without physically possessing or storing it, constitutes "possession" under Section 15 of the Protection of Children from Sexual Offences (POCSO) Act. The law states downloading and watching Child Pornography is an Offence.
 
 
The Supreme Court emphasized that exercising any degree of control over pornograhic material, including sharing, deleting, enlarging, or adjusting the volume, is tantamount to possession. The ruling aligns with the broader goal of protecting children from exploitation and abuse, ensuring that all forms of interaction with child pornography are treated with the utmost severity.
 
The Supreme Court of India has overruled the Madras High Court's decision that had previously held downloading and watching child pornography as not constituting an offense under the Protection of Children from Sexual Offences (POCSO) Act. This decision came after the Madras High Court quashed the criminal proceedings against a 28-year-old man who was charged with downloading child pornography on his phone.

 
Illustrating this point, the ruling cited the example of an individual who routinely watches child pornography online but never downloads or stores it on their device. The Court determined that this individual is still considered to be in possession of the material, as they have the ability to control and interact with it.
 
It's crucial to educate the public about the legal ramifications of viewing child pornography and the broader impact on young victims. 
 
Mechanisms should be strengthened for monitoring and reporting the distribution and viewing of child pornography, including collaborative efforts with internet service providers and social media platforms.
 
The laws in India regarding the storage, transmission, and distribution of child pornographic material are stringent, as highlighted by the provisions under the Protection of Children from Sexual Offences (POCSO) Act and the Information Technology (IT) Act. These provisions aim to deter any form of child sexual exploitation and ensure the safety and dignity of children.
 
These legal measures demonstrate India's commitment to combating child sexual exploitation and ensuring a safer digital environment for children.