New Delhi. The Supreme Court on Friday said that it may not be a crime for a child to watch obscene material, but the use of children in obscene material is a matter of “serious” concern and could be a crime. A bench of Chief Justice DY Chandrachud and Justice JB Pardiwala made these observations while reserving its verdict on the appeal of NGOs – Just Rights for Children Alliance of Faridabad and New Delhi-based Bachpan Bachao Andolan – challenging the Madras High Court decision. Did. The bench said, “It may not be a crime for a child to watch obscene material, but using children in the production of obscene material may be a crime and is a matter of serious concern.”
The Madras High Court has ruled that mere downloading and viewing of child porn material is not an offense under the Protection of Children from Sexual Offenses (POCSO) Act and the Information Technology (IT) Act. On January 11, the High Court also quashed criminal proceedings against a 28-year-old man who was accused of downloading child pornography on his mobile phone. Senior advocate HS Phoolka, appearing for the two organizations, disagreed with the High Court’s decision and cited provisions of the POCSO Act and the Information Technology Act. The bench said that if anyone finds such material in the inbox, it will have to be deleted or destroyed to avoid investigation under the relevant law. It said that if someone continues to violate information technology provisions by not destroying child pornographic material, it is an offence.
‘Video clip downloaded itself’
The bench was responding to the arguments of the lawyer appearing for the accused of downloading obscene material. The alleged clip reached him on June 14, 2019. The High Court had acquitted the accused and the accused’s lawyer said that the material was automatically downloaded on his WhatsApp. Meanwhile, the top court allowed child rights body National Commission for Protection of Child Rights (NCPCR) to intervene in the case and file its written arguments by April 22.
The High Court’s decision is horrifying…
The CJI said, ‘The arguments are over and the verdict has been reserved.’ On March 11, the Supreme Court had termed as ‘horrific’ the decision of the Madras High Court in which it has been said that merely downloading and watching child pornography is not an offense under the POCSO Act and the IT Act. The High Court had also agreed to hear the petition challenging this decision of the High Court.
Viewing does not constitute a crime under IT Act: High Court
The Madras High Court had said that today’s children are facing the serious problem of watching obscene materials and the society should show “sufficient maturity” in educating such children instead of punishing them. The court sentenced 28-year-old S. Proceedings were also quashed against Harish, who was accused of downloading obscene material related to children on his mobile phone. The court had said that the Information Technology Act, 2000 does not make mere viewing of such material a crime.
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Tags: DY Chandrachud, Supreme Court
FIRST PUBLISHED: April 19, 2024, 22:36 IST