'Downloading child pornography not criminal offence': Appeal at Supreme Court against High Court verdict

NEW DELHI: The Supreme Court has issued a notice to the Kerala Police in an appeal against the Kerala High Court ruling that downloading child pornography on mobile phones is not a crime. The Justice for Children Alliance filed an appeal in the Supreme Court demanding the cancellation of the High Court verdict.

The High Court had ordered that the offence under the POCSO Act would only exist if such a video was knowingly downloaded or saved. Such downloading cannot be construed as an offence under the Information Technology Act. The court's reference was while considering a case registered under the POCSO Act. The petitioner was charged with an offence under Section 15(2) of the POCSO Act and Section 67B (B) of the IT Act.

The allegation against the petitioner was that he had downloaded such obscene videos from Telegram and saved them. The court observed that keeping or possessing such obscene material is not an offence. Otherwise, evidence is required that there was intent to display or distribute. The court also said that it cannot be considered a crime in the absence of any such evidence. The court had simply let off the accused petitioner in the case.