Introduction:

The Madras High Court, in a recent decision, set aside criminal proceedings against an individual, asserting that merely watching child pornographic videos does not attract offences under the Protection of Children from Sexual Offences (POCSO) Act. Justice Anand Venkatesh emphasized that for POCSO Act violations, a child must be used for pornography purposes, which was not the case here. The court noted it as a moral decay rather than a criminal act, cautioning against potential misuse of the law. The accused had sought to quash criminal proceedings initiated based on the charge of downloading child pornographic material.

Arguments:

The case originated from a complaint about the accused downloading child pornographic material, leading to charges under Section 67B of the Information Technology Act and Section 14(1) of the POCSO Act. The defense argued that the accused merely downloaded content without any further action, making it crucial to determine if the offenses were valid.

Court’s Judgement:

Justice Anand Venkatesh clarified that to constitute an offense under Section 14(1) of the POCSO Act, a child must be used for pornography, and watching child pornography alone does not qualify. The court also analyzed Section 67B of the IT Act, noting it requires the creation, publication, or transmission of explicit material, not merely downloading. Relying on a Kerala High Court order, the court held that watching porn itself isn’t an offense. Given these considerations, the court quashed the criminal proceedings, expressing concern about potential misuse and the impact on the accused’s career.