Deleting child porn after downloading also an offence: Big Supreme Court quotes

A two-judge bench headed by Chief Justice of India (CJI) DY Chandrachud said that deleting child pornography content after downloading, watching and storing is also punishable acts.

In Short

• Supreme Court says viewing, storing child porn an offence under Pocso Act
• Says more awareness needed in identifying, flagging such content
• Calls for more sex education initiatives to tackle child pornography menace

The Supreme Court on Monday set aside a Madras High Court order that had said that downloading and watching child pornography is not an offence, ruling that viewing and storing such content is an offence under the Pocso Act.

On January 11, the Madras High Court had cancelled the criminal proceedings against a man named S Harish (28) from Chennai who was charged with downloading pornographic content involving children on his mobile phone.

A two-judge bench headed by Chief Justice of India (CJI) DY Chandrachud said that deleting child pornography content after downloading, watching and storing is also punishable acts.

Here is what the Supreme Court said in its hearing today:

SUPREME COURT ON CHILD PORNOGRAPHY CASE:

1. "Any act of viewing, distributing or displaying content related to child pornography by a person over the internet with or without actual or physical possession or storage of such material in any device or other manner is an offence under the Pocso Act."
2. "The Madras High Court committed an egregious error in passing the judgment."
3. "A person can be punished if it has been established that he/she had 'stored' or 'possessed' any child pornographic material before the initiation of the case or the registration of an FIR."
4. "We have already penalised the storage and sharing of child pornographic material for those who have an intent to get economic gain or benefit."
5. "We suggest that an amendment is brought in to refer such material as 'child sexual exploitative and abuse material' and we also ask all courts not to refer to it as 'child pornography' in its orders."
6. "Implementing comprehensive sex education programmes that include information about the legal and ethical ramifications of child pornography can help deter potential offenders."
7. "Viewing sex education as a Western concept that does not align with traditional Indian values has led to resistance from various state governments in implementing sex education programmes in schools."
8. "For those already involved in viewing or distributing child pornography. Cognitive behavioural therapy (CBT) has proven effective in addressing the cognitive distortions that fuel such behaviour."
9. "Educators, healthcare professionals, and law enforcement officers should be imparted training to identify signs of problematic sexual behaviour (PSB)."
10. "Raising awareness about the realities of child sexual exploitative material and its consequences through public campaigns can help reduce its prevalence."