In a recent ruling, the Madras High Court clarified that merely watching child pornography videos does not constitute an offense under the Protection of Children from Sexual Offences (POCSO) Act. Justice Anand Venkatesh set aside criminal proceedings initiated against a man, emphasizing that the accused had not used a child for pornographic purposes but had engaged in the viewing of such material.

The court observed that to invoke offenses under Section 14(1) of the POCSO Act, there must be evidence of a child being used for pornography purposes. In this case, the accused had watched child pornography videos, but the court deemed it insufficient to fall under the specified section. Instead, the court characterized it as a moral lapse on the part of the accused.

The case originated from a complaint received by the Additional Deputy Commissioner of Police, leading to the registration of a case against the accused for downloading child pornographic material on his mobile. Forensic analysis confirmed the presence of such content on the seized mobile phone, involving teen boys.

Addressing the charges under Section 67B of the Information Technology Act, the court clarified that the accused must have published, transmitted, or created explicit materials involving children to be held liable. Importantly, the court noted that the act did not criminalize the act of downloading child pornography without further action.

The court cited a Kerala High Court order stating that the act of watching porn itself is not an offense, supporting its stance on the case at hand. Considering that the materials did not substantiate offenses under the IT Act or the POCSO Act, the court deemed the continuation of proceedings an abuse of the court process and a potential impediment to the accused’s career.

Quashing the criminal proceedings, the court highlighted the need to avoid subjecting the accused to legal consequences that were not warranted by the evidence. The case, titled S Harish v Inspector of Police and Another, was brought before the court through a criminal original petition (CRL.O.P No.37 of 2024).
Section 14(1) of the Protection of Children from Sexual Offences (POCSO) Act pertains to the use of a child in any form of pornographic material. Here’s an explanation of the key elements of this provision:

1. Offense Description: Section 14(1) addresses the involvement of a child in any explicit sexual content or acts for the purpose of creating pornographic material.

2. Specific Requirement: To constitute an offense under this section, there must be evidence that a child or children have been used for the explicit purpose of creating pornographic content.

3. Scope of the Offense: The provision aims to protect children from being exploited for sexual purposes and addresses the creation, production, or involvement of children in any form of explicit sexual content, including images or videos.

4. Intent: The focus is on the deliberate use of a child for creating sexual material, emphasizing the need to protect minors from sexual exploitation and abuse.

This ruling underscores the importance of a nuanced interpretation of laws surrounding child pornography, distinguishing between various actions and clarifying that watching such content, without additional criminal conduct, may not warrant legal consequences. The decision reflects the court’s commitment to ensuring that legal proceedings align with the specifics of the law and prevent undue hardship for the accused.