‘Watching and Downloading Child Pornography is a Crime’, Supreme Court Overturns Madras HC’s Order

Supreme Court of India: SC has clarified that downloading and possessing child pornography (photos and videos) is a crime.

The Supreme Court has today delivered its verdict on a petition challenging the Madras High Court’s order. SC has clarified that downloading and possessing child pornography (photos and videos) is a crime. The Supreme Court’s verdict has overturned the Madras High Court’s order. The Supreme Court has stated that possessing child pornography-related content on mobile, tablet, or laptop is also a crime.

Advice to amend the POCSO Act

The Supreme Court has advised the central government to amend the POCSO Act by replacing the term “child pornography” with “Child Sexually Abusive and Exploitative Material” (CSAEM). The Madras High Court had said that downloading or viewing child pornography on one’s electronic device is not a crime. However, the POCSO Act and IT Act do not categorize it as a crime. Now, the SC has overturned this verdict.