The Supreme Court of India delivered a pivotal ruling today, asserting that downloading and viewing child pornography constitutes an offense under the Protection of Children from Sexual Offences (POCSO) Act. This landmark judgment overturns a previous decision by the Madras High Court, which had held that merely downloading and watching such material did not violate the law. The Supreme Court found the high court's interpretation to be an "egregious error."

The case involved a 28-year-old man charged with downloading child pornography on his phone. The Madras High Court had dismissed the criminal proceedings, suggesting that society should focus on educating children about pornography rather than punishing those who download it. The Supreme Court reinstated the charges against the individual, emphasizing the seriousness of the issue.

Justice JB Pardiwala, who authored the judgment, highlighted the relevant provisions of Section 15 of the POCSO Act. This section stipulates penalties for storing pornographic material involving children, including fines and imprisonment. For instance, individuals who store such material and fail to report or destroy it may face fines starting at ₹5,000, while repeat offenders could incur fines of ₹10,000 or more. Storing child pornography for transmission or commercial purposes carries even stiffer penalties.

The ruling stressed the lasting impact of child pornography on victims and suggested that Parliament consider amending the POCSO Act to redefine child pornography as "child sexually abusive and exploitative material." The bench recommended that all courts avoid referring to the term "child pornography" in their orders.

Chief Justice DY Chandrachud described the judgment as "landmark" and expressed gratitude to Justice Pardiwala for his contributions to the ruling.