Deleting Child Porn after Downloading is Also a Crime: Supreme Court Rules

On Monday, the Supreme Court set aside a Madras High Court order that had ruled downloading and watching child pornography as non-punishable offenses. A two-judge bench led by Chief Justice of India (CJI) DY Chandrachud declared that deleting child pornography after downloading and storing it is also a criminal act under the Pocso Act.

On January 11, the Madras High Court had quashed criminal proceedings against 28-year-old S Harish from Chennai, who was charged with downloading child pornographic material on his mobile phone. The Supreme Court overturned this decision, asserting that viewing, distributing, or displaying child pornography, regardless of physical possession or storage, is a punishable offense under the Pocso Act.

Supreme Court’s Key Observations:

• “Any act of viewing, distributing, or displaying child pornographic content, even without physical possession, constitutes an offense under the Pocso Act.”
• “The Madras High Court committed an egregious error in its judgment.”
• “A person can be punished if it is established that they had ‘stored’ or ‘possessed’ child pornographic material prior to the initiation of legal proceedings or registration of an FIR.”
• “We have already penalized those storing or sharing child pornographic material for economic gain.”
• “We suggest an amendment to refer to such material as ‘child sexual exploitative and abuse material,’ and urge courts to avoid using the term ‘child pornography.'”
• “Comprehensive sex education programs that cover the legal and ethical implications of child pornography can help deter potential offenders.”
• “For those involved in child pornography, Cognitive Behavioral Therapy (CBT) has shown effectiveness in addressing the psychological distortions fueling such behavior.”
• “Educators, healthcare professionals, and law enforcement officers should be trained to identify signs of problematic sexual behavior.”
• “Raising public awareness about child sexual exploitation and its consequences through campaigns can help curb its prevalence.”

Aakhir Tak Editor-in-Chief

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