Supreme Court Quashes High Court’s Order and States “That Mere Downloading And Storage Of Child Pornography Is An Offense”

Court’s Decision:
The Supreme Court set aside the High Court’s judgment quashing the chargesheet. It held that the mere downloading and storage of child pornography is an offense under Section 15 of the Protection of Children from Sexual Offences (POCSO) Act and Section 67B of the Information Technology (IT) Act, 2000. The Supreme Court emphasized the significance of protecting children from sexual exploitation.

Facts:
The respondent was accused of downloading child pornography and storing it on his mobile device. Based on a Cyber Tipline Report from the National Crime Records Bureau (NCRB), the police registered an FIR under Section 67B of the IT Act and Section 15 of the POCSO Act. The chargesheet indicated the respondent had been in possession of child pornography for two years without taking steps to delete or report it.

Issues:

1. Whether possession and failure to delete child pornography constitute an offense under Section 15 of the POCSO Act.
2. Whether the act of downloading and viewing child pornography without transmission or publication violates Section 67B of the IT Act.

Petitioner’s Arguments:
The petitioner argued that the High Court erred in quashing the chargesheet, as Section 15(1) of POCSO explicitly penalizes possession of child pornography with the intent to share or transmit it. The petitioner emphasized the severity of the offense and the societal impact of child pornography.

Respondent’s Arguments:
The respondent claimed that the material was automatically downloaded and was not shared or transmitted. The defense maintained that mere possession without intent to share does not constitute an offense under the POCSO or IT Act.

Analysis of the Law:
The Supreme Court analyzed the legislative intent behind the POCSO and IT Acts, noting that they were enacted to protect children from sexual abuse and exploitation. Section 15 of the POCSO Act explicitly criminalizes the possession of child pornography, and the presumption of culpable mental state under Section 30 applies.

Precedent Analysis:
The Court referred to previous rulings interpreting the scope of Section 15 of the POCSO Act and Section 67B of the IT Act. It distinguished between offenses related to adult pornography and child pornography, emphasizing the heightened protections for minors under the law.

Court’s Reasoning:
The Court reasoned that possession of child pornography, coupled with the failure to delete or report the material, constitutes an offense under Section 15(1) of POCSO. The Court also emphasized that the legislative intent behind Section 67B of the IT Act includes criminalizing the act of downloading child pornography, even if not transmitted or published.

Conclusion:
The Supreme Court allowed the appeal and set aside the High Court’s order quashing the criminal proceedings. It reinstated the charges under the POCSO and IT Acts, directing the trial to proceed.

Implications:
This ruling strengthens legal safeguards against child pornography by clarifying that possession of such material is punishable under the law, even without transmission. It reinforces the responsibility of individuals to delete and report child pornography to authorities.