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New Delhi: The Supreme Court on Friday reserved its judgement in the appeal against a Madras High Court order holding that merely downloading and or watching child pornography on one's electronic device did not constitute an offence under the POCSO and the IT Act.
A bench of Chief Justice of India D Y Chandrachud and Justices J B Pardiwala observed that merely downloading or watching child porn may not be an offence but certainly, child being used in pornography will be an offence.
The Madras High Court had on January 11 quashed the criminal case against a 28-year-old man, S Harish, charged by the prosecution for downloading and watching on his mobile phone some pornographic content involving children.
The High Court had quashed the criminal case against Harish under the Protection of Children from Sexual Offences (POCSO) Act, 2012 and the Information Technology Act, 2000.
A bench of Chief Justice of India D Y Chandrachud and Justices J B Pardiwala observed that merely downloading or watching child porn may not be an offence but certainly, child being used in pornography will be an offence.
The Madras High Court had on January 11 quashed the criminal case against a 28-year-old man, S Harish, charged by the prosecution for downloading and watching on his mobile phone some pornographic content involving children.
The High Court had quashed the criminal case against Harish under the Protection of Children from Sexual Offences (POCSO) Act, 2012 and the Information Technology Act, 2000.
SC reserves order if downloading or watching child pornography offence
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