By using this site, you agree to the Privacy Policy and Terms of Use.
Accept
ApniLawApniLawApniLaw
  • Home
  • Law Forum
  • Find Lawyers
  • Legal Services
  • Legal News
  • Legal Jobs
  • Legal Articles
    • Documentation
    • Marriage and Divorce
    • Land Dispute & Will
    • Civil
    • Criminal
    • Supreme Court
    • High Court
  • Bare Acts
    • BNSS
    • BNS
    • BSA
    • CrPC
    • DPDP
    • Hindu Marriage Act
    • IPC
    • POCSO
Reading: Watching ‘Child Sex Abuse’ Material a Criminal Offence : SC
Share
Notification Show More
Font ResizerAa
ApniLawApniLaw
Font ResizerAa
  • Supreme Court
  • High Court
  • Acts
  • Documentation
  • BNSS
  • Home
  • Law Forum
  • Find Lawyers
  • Legal Services
  • Legal News
  • Legal Jobs
  • Legal Articles
    • Documentation
    • Marriage and Divorce
    • Land Dispute & Will
    • Civil
    • Criminal
    • Supreme Court
    • High Court
  • Bare Acts
    • BNSS
    • BNS
    • BSA
    • CrPC
    • DPDP
    • Hindu Marriage Act
    • IPC
    • POCSO
Have an existing account? Sign In
Follow US
  • Advertise
© 2022 Foxiz News Network. Ruby Design Company. All Rights Reserved.
ApniLaw > Blog > Criminal > Watching ‘Child Sex Abuse’ Material a Criminal Offence : SC
CriminalNewsSupreme Court

Watching ‘Child Sex Abuse’ Material a Criminal Offence : SC

Apni Law
Last updated: February 11, 2025 11:58 pm
Apni Law
6 months ago
Share
POCSO Act Save Children
POCSO Act Save Children
SHARE

Core Issue

The Supreme Court has ruled that viewing, storing, downloading, or sharing child sexual abuse material (CSEAM), even in private, is a criminal offence under the Protection of Children from Sexual Offences (POCSO) Act and the Information Technology (IT) Act. The Court emphasized that such content fuels child exploitation and prolongs the trauma of victims, making strict legal action necessary.

Contents
Core IssueKey Legal ObservationsWhy This Ruling MattersConclusion

This landmark decision came in response to a High Court ruling that stated mere possession of child sexual abuse content was not punishable under POCSO. The Supreme Court rejected this interpretation, stating that the act of viewing or storing such material without deleting it amounts to a criminal intent to possess and possibly distribute it.

Key Legal Observations

The Supreme Court made significant observations about the seriousness of CSEAM and the need for legal reforms:

  • Possession without deletion = Criminal Intent: Keeping such material without deleting it implies an intent to retain and possibly share it, making the individual liable under POCSO and IT laws.
  • Constructive Possession Doctrine Applied: The Court ruled that any person who has the power to control, modify, or delete child sexual abuse material but fails to do so is equally guilty, even if they did not actively circulate it.
  • No Legal Distinction Between Viewing and Possessing: The ruling emphasized that even private viewing of child sexual abuse material constitutes an offence, as it fuels child exploitation, trafficking, and abuse.
  • Stronger Legal Terminology Required: The Court directed the government to replace the term “child pornography” with “Child Sexual Exploitative and Abuse Material” (CSEAM) in all legal documents, as the former term does not fully capture the severity of the crime.

Why This Ruling Matters

The judgment is a major step toward strengthening child protection laws in India. By criminalizing the possession, viewing, and distribution of CSEAM, the Court aims to:

–Prevent child exploitation by eliminating demand for such material.
– Close legal loopholes that allowed individuals to escape liability by claiming they only “viewed” and did not “share” content.
– Ensure strict enforcement of POCSO and IT laws to protect child victims from further harm.

Conclusion

This ruling sets an important precedent in India’s fight against child sexual exploitation. By holding even passive viewers accountable, the Supreme Court is sending a clear message—child abuse content is not just another digital crime; it is a direct attack on the dignity and safety of children. Stricter enforcement of laws and greater public awareness are crucial in tackling this issue.

With the government now expected to amend legal provisions accordingly, it remains to be seen how effectively these changes will be implemented on the ground. However, one thing is certain—this ruling marks a strong step toward a safer digital space for children in India.

You Might Also Like

Property Title Transfer Invalid Without Legal Ownership Of Seller: Patna HC

Must Cooperate With The Investigation: Supreme Court Grants Interim Protection To YouTuber Ranveer Allahabadia In Obscenity Case

Delhi High Court Interprets Section 531(2)(a) Of BNSS 2023, Emphasises Applicability To Pending Appeals

Supreme Court: Magistrates Cannot Order FIR Under Section 156(3) Cr.P.C. Without Justification

Supreme Court Requires Specific Allegations To Hold Directors Liable For Company Offences Under National Housing Bank Act

TAGGED:child exploitation lawschild sexual abuseconstructive possessionCSEAMcybercrime lawsIT Actlegal news Indiaonline child safetyPOCSO ActSC ruling
Share This Article
Facebook Email Print
Previous Article Supreme Court of India Should Convicted Politicians Be Allowed to Make Laws? : SC Questions
Next Article Section 112 - Bharatiya Nyaya Sanhita (BNS) - Petty Organised Crime Section 112 – Bharatiya Nyaya Sanhita (BNS) – Petty Organised Crime.
2 Comments
  • Pingback: Pressing Lips of a Minor May Outrage Modesty But Doesn’t Necessarily Constitute Aggravated Sexual Assault: Delhi HC - ApniLaw
  • Pingback: Nighttime Arrest Restrictions for Women Are Not Mandatory

Leave a Reply Cancel reply

You must be logged in to post a comment.

Follow US

Find US on Social Medias
FacebookLike
XFollow
InstagramFollow
YoutubeSubscribe

Weekly Newsletter

Subscribe to our newsletter to get our newest articles instantly!
Popular News
How To Apply For A Senior Citizen Pension
Delhi High CourtFamilyLand Dispute & WillNews

Eviction Only If Senior Citizen Owns Property Occupied By Their Children: Punjab And Haryana HC

Amna Kabeer
By Amna Kabeer
4 months ago
Supreme Court Denies Pension Claims Of UP Roadways Employees Under Provident Fund Scheme
Absence Due To Imprisonment Does Not Create Right To Wages: Allahabad High Court
Clarification on Proof of Wills: Section 68 is the Rule, Section 69 is the Exception, Says Kerala High Court
Chief Justice Of India Inaugurates Vigentennial Celebrations Of Madurai Bench Of Madras Court
- Advertisement -
- Advertisement -
Ad imageAd image

Your one-stop destination for legal news, articles, queries, and a directory of lawyers in India – all under one roof at ApniLaw.

Stay Updated

  • BNSS
  • News
  • Documentation
  • Acts
  • Supreme Court
  • High Court

Information

  • ApniLaw Services
  • About Us
  • Contact Us
  • Disclaimer
  • Privacy Policy
  • Terms of Service

Advertise

  • Advertise with us
  • Newsletters
  • Deal

Find Us on Socials

ApniLawApniLaw
Follow US
© ApniLaw 2025. All Rights Reserved.
bg-n
Join Us!
Subscribe to our newsletter and never miss our latest news, podcasts etc..
Zero spam, Unsubscribe at any time.

More Interesting News

Cheque Bounce - Negotiable Instruments Act 1881

Landmark Supreme Court Judgements In Cheque Bounce Cases (Case Overview)

Cheque Bounce - Negotiable Instruments Act 1881

Compounding Of Cheque Bounce Offence: Section 147 of the Negotiable Instrument Act

login
Welcome Back!

Sign in to your account

Username or Email Address
Password

Lost your password?