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The court considered “constructive possession” of child pornographic material an offense, even if it’s not physically stored. This includes situations where an individual has control over the material, such as viewing or distributing it. Failure to report child pornographic content carries a fine under Section 15(1) of the POCSO Act.
This judgment is a significant step towards protecting children from sexual exploitation. The court’s ruling sends a strong message that child pornography will not be tolerated in India. The apex court also suggested that Parliament should amend the POCSO Act to refer to such material as “child sexual exploitation and abuse material” instead of “child pornography.”
Child rights activists hailed the verdict as a major victory. “This judgment is a crucial step towards safeguarding children’s rights and well-being,” said a spokesperson. Law enforcement agencies are also expected to benefit from the clarified guidelines, enabling more effective action against child pornography.
The Supreme Court’s ruling is a landmark moment in India’s fight against child exploitation. By making viewing and storing child pornography punishable offenses, the court aims to create a safer environment for children.
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