Watching child porn punishable

Supreme Court sets aside 'egregious' Madras High Court verdict that quashed criminal proceedings against a man who downloaded pornographic content involving children

The Supreme Court has held that mere possession of child pornographic material will constitute an offence under the relevant POCSO and the IT laws, even if the material is not disseminated any further.

What is crucial here is whether the person concerned had the intention to share or transmit the material or had the intention to make commercial gains using the same.

While overturning the Madras High Court judgment in this regard, a Bench of Chief Justice of India (CJI) DY Chandrachud with Justice JB Pardiwala explained the degree of mens rea (intention) required for such an act to constitute an offence under Section 15 of the POCSO Act.