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:
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- Child Definition: Any person below 18 years; gender-neutral.
- Offences:
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- Penetrative and aggravated sexual assault.
- Non-penetrative sexual assault and harassment.
- Use of children in pornography.
- Mandatory Reporting: Failure to report offences is punishable.
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- 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.
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