Downloading and watching child porn a POCSO offence? Supreme Court to decide on Monday
Supreme Court is scheduled to deliver on Monday its judgment on a plea challenging a Madras High Court ruling that has said mere downloading and watching child pornography is not an offence under the POCSO Act and the information technology law. A bench of Chief Justice D Y Chandrachud and Justices J B Pardiwala and Manoj Misra is likely to pronounce the verdict.
Terming atrocious, the apex court had earlier agreed to hear the plea challenging the high court ruling that has said mere downloading and watching child pornography is not an offence under the Protection of Children from Sexual Offences (POCSO) Act and Information Technology (IT) Act.
On January 11, the Madras High Court quashed the criminal proceedings against a 28-year-old man charged with downloading pornographic content involving children on his mobile phone.
The high court had also said that children these days are grappling with the serious issue of watching pornography and instead of punishing them, the society must be «mature enough» to educate them.
The Supreme Court had taken note of the submissions made in the matter by senior advocate H S Phoolka, who represented two petitioner organisations, that the high court verdict was contrary to the laws in this regard.
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