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SC overturned Madras High Court ruling (2024) that decriminalized possession or viewing of CSEAM in private domain without intent of transmitting under Protection of Children from Sexual Offences (POCSO) Act, 2012 or IT Act, 2000.
- SC endorsed the use of term CSEAM instead of Child Pornography in all judicial orders/judgements as:
- There is no difference between viewing CSEAM and act of child sexual abuse as both have common malevolent intent of using child for sexual gratification.
- Word pornography (considered an act between consenting adults) may undermine victimization of child.
Key Highlights of Verdict
- Criminalised CSEAM: Mere possession of CSEAM without any actual transmission is a form of inchoate offence penalised under Section 15 of POCSO Act.
- Section 67B of IT Act penalises child sexual abuse. It provides punishment for publishing or transmitting of material depicting children in sexually explicit act in electronic form.
- Inchoate (undeveloped/incomplete) crimes are committed in preparation for a further offence.
- Highlighted impact of CSEAM
- Watching CSEAM desensitizes individuals, increasing its demand propelling its creation and distribution.
- Impacts emotional, social and mental well-being of child.
- Face intense social stigmatization and isolation, finding it difficult to maintain healthy relationships due to trust issues.
SC Suggestions to Union and courts
POCSO Act, 2012
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