Headline
The Supreme Court of India overturned the ruling of Madras HC on Child Pornography Storage.
Summary
The Supreme Court of India overturned a judgment of Madras High Court, stating that storing child pornographic material shows the intention to transmit under the Protection Of Children from Sexual Offences Act (POCSO ) Act.
Key Facts
- Case Name:Just Rights for Children Alliance vs. S. Harish
- Judges Name:CJI DY Chandrachud and Justice JB Pardiwala
- The Madras HC had stated that mere storage of child pornography without intention wasn’t an offense.
- The Supreme Court of India found that not deleting or reporting such material shows the intent.
- The Supreme court stresses that ‘storage’ does not need to be ongoing at the time of the FIR.
Legal Insights
Section 15 of the Protection Of Children from Sexual Offences Act (POCSO) Act creates 3 different offenses related to child pornography that is storage, possession, and transmission. Intention can be inferred from the circumstances surrounding the storage of material.
Impact
This ruling of the Supreme Court shed light on the legal framework for prosecuting storage of child pornography, aiming to discourage such behavior and protect child welfare.
Why it Matters
It showcases tha accountability for storing child pornographic material, showing concerns that prior judgments might normalize such acts and harm children.
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