x

Like our Facebook Page

   
Early Times Newspaper Jammu, Leading Newspaper Jammu
 
Breaking News :   Doctors - The Unsung Heroes of Healthcare | WHEN RS 10 FEELS EXPENSIVE ON A CART, BUT NOT IN A CAFE | Urdu For Naib Tehsildar Recruitment Test | Yatri Niwas in Srinagar | LG Sinha inaugurates SASB Yatri Niwas at Pantha Chowk | LG launches campaign for zero-waste pilgrimage | 'Amarnath Yatra arrangements upgraded' | Heroin worth Rs. 420 crore seized in Rajasthan; Pak-based smuggler, Canada handler named | Within minutes after formation of PAC, NC mocks Sajad Lone’s new political front as ‘BJP’s B-Team’ | CM Omar calls for revival of buyer-creator relationship at SKICC Meet | Salal Dam gates opened amid rising Chenab Water levels | DGP chairs joint security review meeting in Anantnag, visits key areas | Major reshuffle in ACB J&K | From warzone to homeland: Kashmiri students hail India’s rescue mission with tricolour cheers | Security Forces bolster security with hi-tech gadgets | Token distribution for registration begins | Security Forces conduct joint mock drill | India woman footballer Soumya undergoes surgery after nasal bone fracture | Lack of variety in India's bowling attack is concerning: Chappell | National-level minor boxer alleges sexual harassment by woman coach | | MCM launches workshop on Skill Development, Entrepreneurship | GDC Kathua honours NCC Cadet Mohit Kanathia with grand welcome ceremony | Missing person traced from Pallanwala within 2 days | JKHCBAJ unveiles Portrait of Maharaja Hari Singh ji, inaugurated | Four JKAS Officers transferred In Transport Dept Reshuffle | J&K police arrest 87 in drug crackdown, seize narcotics worth Rs 2.42 Cr | Gross GST collections double in 5 years to record Rs 22.08 trillion in FY25 | Srinagar police attaches residential property worth Rs 50 lakh | SKUAST-K holds workshop in Gurez to promote revival of heritage crops | Reasi police solves two theft cases in Katra, accused arrested, stolen property | Union Minister Piyush Goyal to lead transformative FTII Traders conclave | Congress holds impressive Jai Hind Yatra in Poonch City, salutes armed forces, martyrs | Warm, affectionate farewell accorded to retirees of Agriculture Department Jammu | DC Shopian inspects work of rural development projects at Keller | Former JKNPP leaders, senior workers join Apni Party | Committee on Petitions holds meeting in Srinagar | 6000 students participate in NMMSS examination | Ladakh PM Vishwakarma artisans participate in MSME Day celebration | Vi Business’s ready for next - India’s largest digital advisory celebrates growth on MSME day | Indian Army pays tribute to Ex-Serviceman | Civil Defence, Jammu started 5 days CD training programme | Warm send off accorded to Sardar Dharminder Singh Bhargav Head Pharmacist from DHS-J | JKEDI concludes second batch of MDPs in 10 districts | Handicrafts, Handloom Deptt condoles demise of father of Mussrat Islam | IGNOU launches certificate programme for Nurse Managers to Strengthen Managerial Competencies in Nursing Services | Back Issues  
 
news details
Watching child porn offence under POCSO
9/23/2024 11:22:04 PM
NEW DELHI, Sept 23: In a landmark verdict, the Supreme Court on Monday held that watching and downloading child pornography are offences under the POCSO Act and the information technology law. The apex court suggested Parliament consider amending the term ‘child pornography’ with “child sexually abusive and exploitative material” by bringing changes in law, and asked the courts not to use the term ‘child pornography’.
A bench headed by Chief Justice D Y Chandrachud set aside the Madras High Court ruling that had said mere downloading and watching child pornography was not an offence under the Protection of Children from Sexual Offences (POCSO) Act and Information Technology (IT) Act.
The bench, also comprising Justices J B Pardiwala and Manoj Misra, also laid down certain guidelines on child pornography and its legal consequences.
“We have said about lingering impact of child pornography on victimisation and abuse of children and on role to report an offence, including role of society and stakeholders,” the bench said.
“We have suggested to Parliament to bring an amendment to POCSO… So that definition of child pornography can be referred to as ‘child sexually abusive and exploitative material’. We have suggested an Ordinance can be brought in,” it said.
The top court delivered its verdict on a plea challenging the Madras High Court order.
On January 11, the high court had quashed the criminal proceedings against a 28-year-old man charged with downloading pornographic content involving children on his mobile phone.
While pronouncing the verdict, the apex court restored the criminal proceedings in the case saying the high court had erred in quashing it. The bench said the sessions court will now deal with the case afresh.
Terming the high court ruling atrocious, the apex court had earlier agreed to hear the plea challenging the high court ruling that had said mere downloading and watching child pornography was not an offence under the Protection of Children from Sexual Offences (POCSO) Act and Information Technology (IT) Act.
The high court had also said that children these days were grappling with the serious issue of watching pornography and instead of punishing them, the society must be “mature enough” to educate them.
The Supreme Court had taken note of the submissions made in the matter by senior advocate H S Phoolka, who represented two petitioner organisations, that the high court verdict was contrary to the laws in this regard.
The senior lawyer appeared in the court on behalf of NGOs Just Rights for Children Alliance, based in Faridabad, and the New Delhi-based Bachpan Bachao Andolan. The organisations work for the welfare of children.
The high court had quashed the criminal case against S Harish under the POCSO Act, 2012 and IT Act, 2000.
In order to constitute an offence under section 67B of the IT Act, an accused must have published, transmitted or created material depicting children in a sexually-explicit act or conduct, it had said.
“A careful reading of this provision does not make watching child pornography, per se, an offence under section 67B of the Information Technology Act, 2000,” the high court had added.
Even though the said section of the IT Act has been widely worded, it does not cover a case where a person has merely downloaded child pornography in an electronic gadget and watched the same, without doing anything more, it had said.
Admittedly, two videos involving boys were downloaded and were available on the petitioner’s mobile phone, and those were neither published nor transmitted to others and were within the petitioner’s private domain, it had said.
The Madras High Court had, however, expressed concern over children watching pornography.
Viewing pornography can have negative consequences on teenagers down the line, affecting both their psychological and physical well-being, it had said.
The high court had advised the petitioner to attend counselling if he was still afflicted with the addiction of watching pornography.
  Share This News with Your Friends on Social Network  
  Comment on this Story  
 
 
 
Early Times Android App
STOCK UPDATE
  
BSE Sensex
NSE Nifty
 
CRICKET UPDATE
 
 
 
 
 
 
 
 
   
Home About Us Top Stories Local News National News Sports News Opinion Editorial ET Cetra Advertise with Us ET E-paper
 
 
J&K RELATED WEBSITES
J&K Govt. Official website
Jammu Kashmir Tourism
JKTDC
Mata Vaishnodevi Shrine Board
Shri Amarnath Ji Shrine Board
Shri Shiv Khori Shrine Board
UTILITY
Train Enquiry
IRCTC
Matavaishnodevi
BSNL
Jammu Kashmir Bank
State Bank of India
PUBLIC INTEREST
Passport Department
Income Tax Department
JK CAMPA
JK GAD
IT Education
Web Site Design Services
EDUCATION
Jammu University
Jammu University Results
JKBOSE
Kashmir University
IGNOU Jammu Center
SMVDU