New Delhi. The country’s apex court has recently given an important decision regarding viewing and storing child sexual abuse material (child pornography). In this decision, the court overturned the order of the Madras High Court, which said that viewing or downloading child pornography for personal use is not a crime. This decision is an important step towards making the laws under the Protection of Children from Sexual Offenses Act (POCSO) more stringent. The court clarified that if a person intends to share or use child pornography for commercial gain, it will be considered a crime under Section 15 of the POCSO Act. There are three different subsections under this section.
Subsection (1): It punishes failure by a person to remove, destroy or report child pornography.
Subsection (2): It punishes the actual transmission, display or distribution of child pornography.
Subsection (3): It punishes storing or possessing child pornography for commercial purpose.
The Supreme Court also stated that the act of viewing child sexual abuse material on the Internet, even without physically downloading it, would be considered possession, provided that the person has established control over that material. The court condemned the term child pornography and suggested that it be referred to as child sexual exploitation and abuse material. This change will help in understanding the gravity of the issue. Through this decision, the Supreme Court has made it clear how sensitive the justice system of India is towards the protection of children. This decision not only strengthens the law but also gives a strong message against child sexual abuse in the society. This court decision is a warning to all those who are involved in such crimes that such acts will not be tolerated.