Viewing, Storing Child Sexual Exploitation and Abuse Material is an Offence under POCSO, IT Act, says Supreme Court

Protection of Children from Sexual Offences (POCSO) Act, 2012

Background

SC Verdict: Based on an appeal by NGO Just Right for Children Alliance against a Madras High Court ruling that possession or storage of child pornography is not an offense under the POCSO Act.

Issue: Madras High Court ruled that viewing or downloading child pornography in private is not a crime.

Key Features of POCSO Act

• Child Definition: Any person below 18 years; gender-neutral.
• Offences:
  • Penetrative and aggravated sexual assault.
  • Non-penetrative sexual assault and harassment.
  • Use of children in pornography.
• Mandatory Reporting: Failure to report offences is punishable.
• Child-Friendly Procedures: Statements in safe environments, in-camera trials, parental presence.
• Special Courts: Fast-track trials within 1 year.
• Presumption of Guilt: Accused is presumed guilty unless proven innocent.
• Child Welfare Committees: Provide rehabilitation, medical, and legal aid.

POCSO Amendment Act, 2019

• Death penalty for rape of minors under 12.
• Stricter punishments for sexual offences.

Supreme Court Judgement

Terminology Change: Replace “child pornography” with Child Sexual Exploitative and Abuse Material (CSEAM).

Reason: “Child pornography” trivializes the crime; CSEAM reflects the abuse more accurately.