The Supreme Court on Friday reserved its order on a plea by NGO – Just Rights for Children Alliance – against January 11, 2024, Madras High Court order holding that merely downloading or watching child pornography on one’s electronic device did not constitute an offence under the POCSO and the Information Technology Act.
A bench comprising Chief Justice DY Chandrachud and Justice JB Pardiwala reserved the order on the petitioner Just Rights for Children Alliance – NGO working for the welfare of children, seeking setting aside of the High Court order and issuance of appropriate directions against the accused Harish.
The NGO – Just Rights for Children Alliance – challenged the High Court decision quashing the criminal case against accused Harish under the Protection of Children from Sexual Offences (POCSO) Act, 2012 and the Information Technology Act, 2000.
The petitioner NGO had told the top court that the tip came from the Home Ministry to the district police, and it was scanned by a foreign organisation who tracks such internet downloads of child porn. For two years, the person had been watching child pornography.
The National Commission for Protection of Child Rights (NCPCR), had filed an intervention application. The court asked the NCPCR to file its written submissions by Monday – April 22, 2024.
The High Court had said that to make out an offence under POCSO Act, a child or children should have been used for pornography purposes. It added that to constitute an offence under IT Act the accused must have published, transmitted and created the material.
The High Court had quashed the FIR and criminal proceedings against a 28-year-old man who had been charged with downloading child pornographic content to his mobile phone.
It had held that downloading and possessing child pornography does not amount to any offence under Section 67B of the Information Technology (IT) Act, 2000.
The Chennai Police had registered a case against the accused under Sections 67 B of the IT Act and 14(1) of the POCSO Act after they seized the phone of the accused and discovered that he had downloaded and possessed child pornography.
e had downloaded and possessed child pornography.