Supreme Court Holds That Viewing, Storing, and Possessing ‘Child Pornography’ is Punishable Under POCSO Act; Overturns Madras High Court Decision

In a landmark ruling, the Hon’ble Supreme Court of India has held that the mere viewing, storing, or possession of child pornography material amounts to a punishable offence under the provisions of the Protection of Children from Sexual Offences (POCSO) Act, 2012.

This decision overturns the earlier ruling of the Madras High Court, which had observed that mere possession or viewing may not amount to an offence unless there is transmission or distribution.

The Apex Court emphasized that:

Child pornography, in any form, represents a grave violation of child rights.

Even private possession or download of such content perpetuates demand and contributes to the cycle of exploitation.

The Court reaffirmed that the intention of the legislature is to adopt a zero-tolerance approach toward all forms of child sexual exploitation.

This judgment aligns Indian law with global standards and strengthens the protective framework for children in the digital age.

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