Watching, possessing child porn can now land you in prison for up to 7 years as per this new SC ruling

In a landmark decision, the Supreme Court of India has said that it is now effective to watch or possess sexually explicit material involving minors under the Protection of Children from Sexual Offences (Pocso) Act is a punishable offence.

The ruling overrules a controversial judgment from the Madras High Court and calls for urgent legislative and educational reforms to combat child sexual exploitation.

The bench, led by Chief Justice DY Chandrachud and Justice JB Pardiwala, emphasised that engaging with such content constitutes not merely a personal failing but a serious criminal act that worsens the cycle of child abuse.

The court said that “child sexual exploitation is one of the most heinous crimes imaginable,” highlighting the severe implications of child pornography that extend beyond the initial act of abuse.

The Supreme Court pointed to the inadequacies of the term “child pornography,” suggesting it trivialises the issue. Instead, it proposed the term “child sexual exploitative and abuse material” (CSEAM) to better include the severity of the crimes and the perpetual violation of a child’s dignity with every viewing or sharing of such material.

The justices dismissed arguments that the passive consumption of this content does not meet the legal threshold for criminal conduct, reinforcing that every instance of viewing or possessing CSEAM constitutes a form of ongoing victimization.

They instructed all courts to utilise the new terminology to prevent any inadvertent minimisation of these grave offences.

SC overturns a previous ruling

The Supreme Court’s judgment overturned an earlier ruling by the Madras High Court, which had argued that mere passive consumption of child pornography did not constitute a crime under the Pocso Act or the Information Technology Act. In contrast, the top court reaffirmed that even viewing content online falls under “constructive possession." 

This ruling revitalises criminal pathways for prosecuting those found possessing CSEAM, reinstating charges against individuals based on the broader definitions established in the Pocso Act.

Further reform suggested by SC

The ruling not only addresses legal frameworks but also emphasises the urgent need for comprehensive sex education within India. The Supreme Court noted significant misconceptions surrounding sexual health discussions can hinder effective education.

Concerns that sex education might encourage promiscuity were countered, with evidence indicating it often leads to safer practices and delayed sexual activity among youth.

The court called for the Union government to implement age-appropriate sex education aimed at preventing harmful sexual behaviours and fostering respectful attitudes toward relationships. The justices encouraged curriculum improvements that encompass consent, gender equality, and healthy interactions to directly address the roots of child exploitation.

In a broader context, the Supreme Court underscored the responsibility of governmental institutions to ensure awareness of the Pocso Act, as mandated in its provisions, which include public education campaigns and training for law enforcement and child protection workers.