Watching, storing child pornography offence under Pocso Act: Supreme Court

The Supreme Court on Monday ruled that storing or viewing child pornography on digital devices can be an offence under the Protection of Children from Sexual Offences (Pocso) Act, 2012, if there is an intention to gain or benefit from it, reported Bar and Bench.

A bench led by Chief JusticeChief JusticeChief Justice of India DY Chandrachud, along with Justice JB Pardiwala, overturned a Madras High Court ruling that held private viewing of child pornography without distribution was not an offence. The Supreme Court clarified that for an Act to constitute a crime under Section 15 of the Pocso Act, there must be evidence of intent to distribute, transmit, or otherwise facilitate the sharing of such material. Merely storing such content without further intent may not meet the threshold for criminal liability.

The court emphasised that ‘mens rea” (criminal intent) is key in determining whether the storage of child pornographic material constitutes an offence. To prove guilt under Section 15(3) of the Pocso Act, there must be clear intent to use the material for personal gain or advantage, beyond mere possession.