The Supreme Court recently ruled that viewing, storing, or distributing Child Sexual Exploitative and Abuse Material (CSEAM) attracts criminal liability under the Protection of Children from Sexual Offences (POCSO) Act and the Information Technology (IT) Act.
- The Supreme Court overturned a 2024 Madras High Court ruling, which had decriminalized the possession or viewing of CSEAM in private domains without intent to transmit it under the POCSO Act, 2012, or the Information Technology (IT) Act, 2000.
Key Highlights of the Supreme Court rulings:
- Criminalisation of CSEAM:
- Viewing, downloading, storing, or possessing CSEAM is an offence under Section 15 of the POCSO Act and Section 67B of the IT Act.
- Merely possessing such material, even without intent to transmit, is punishable.
- Impact of CSEAM:
- The continuous circulation of CSEAM inflicts psychological trauma on the victim, even long after the abuse.
- Watching CSEAM increases its demand, leading to further creation and distribution.
- Victims often face social stigmatization, isolation, and difficulties in maintaining healthy relationships.
- Constructive Possession Principle: Individuals can be held liable for possessing or controlling CSEAM, even if the material is not actively shared or transmitted.
- Inchoate Crimes: Crimes committed as part of preparation for a further offence are also punishable, highlighting the need to curb the early stages of child exploitation activities.
Supreme Court’s Suggestions:
- Amendment of POCSO Act: The court recommended replacing the term “child pornography” with “Child Sexual Exploitative and Abuse Material” (CSEAM) to better reflect the gravity of the crime.
- Awareness and Education:
- The court urged the government to raise awareness about the impact of CSEAM and initiate public campaigns.
- It also suggested constituting an Expert Committee to devise a health and sex education program to prevent child exploitation.
POCSO Act, 2012
- Objective: To protect children from sexual offences and provide child-friendly procedures for addressing such crimes.
- Definition of Child: A person below 18 years of age.
- Section 15 of POCSO: Criminalises the storage of child sexual material with the intention of sharing or transmitting it.
- 2019 Amendment: Strengthened provisions to curb child pornography, including stricter penalties for offenders.
Information Technology (IT) Act, 2000
Section 67B: Penalises the publishing, transmitting, or browsing of material involving children in sexually explicit acts. It also covers online facilitation of child exploitation.
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Frequently Asked Question:
What did the Supreme Court rule regarding Child Sexual Exploitative and Abuse Material (CSEAM)?
The court ruled that viewing, storing, or distributing CSEAM is criminal under the POCSO Act and IT Act, even without intent to transmit.
What sections of the law criminalize possession of CSEAM?
Section 15 of the POCSO Act and Section 67B of the IT Act criminalize the possession and handling of CSEAM.
Why is possessing CSEAM harmful, even without sharing it?
Possessing CSEAM fuels demand for its creation and circulation, perpetuating the victim’s trauma and encouraging further exploitation.
What changes did the Supreme Court recommend for the POCSO Act?
The court recommended replacing the term “child pornography” with “Child Sexual Exploitative and Abuse Material” (CSEAM) to reflect the severity of the crime.
What are inchoate crimes in the context of child exploitation?
Inchoate crimes refer to preparatory actions that lead to child exploitation, and the Supreme Court emphasized the need to punish these early stages.