The Apex Court of India, in its landmark judgment on 24th September 2024 in the case Just Rights for Children vs. Harish and Ors, addressed this issue. Before going into the case details, let us first understand what child pornography means.
What is Child pornography or CSEM? (Child Sexual Exploitative & Abuse Material)
Any visual depiction of sexually explicit conduct involving a child includes photographs, videos, or digital images that are indistinguishable from an actual child, as well as images created, adapted, or modified to appear to depict a child. Child pornography is a crime that involves the sexual solicitation of a child under the age of 18 or the production of pornographic material involving a minor, luring children into online sexual relations, and then having sex with them. Additionally, recording sexual activities, creating MMS, and sharing such content with others are included in this definition.
Facts of the case
The All-Women’s Police Station in Ambattur, Chennai, Tamil Nadu, received a letter dated 29 January 2020 from the Additional Deputy Commissioner of Police (Crime Against Women and Children Branch). The letter stated that, according to the Cyber Tipline Report from the National Crimes Record Bureau (NCRB), respondent no. 1 is an active consumer of pornography and has allegedly downloaded child pornography on his mobile phone. Accordingly, in view of the aforesaid letter an FIR was registered against the respondent no. 1 on the very same day i.e., 29.01.2020 at the All- Women’s Police Station Ambattur, Chennai, and Tamil Naidu as Crime No. 03 of 2020 for the offence punishable under Section(s) 67B of the IT Act and 14(1) of the POCSO. During the course of the investigation, the mobile phone belonging to the respondent no. 1 was seized and sent to the Forensic Science Laboratory for analysis. The respondent no. 1 was also questioned whether he had ever viewed any pornographic content, to which the respondent no. 1 admitted that he used to regularly view pornography while he was in college. As per the Computer Forensic Analysis Report dated 22.08.2020 it was found that the mobile phone of the respondent no. 1 contained two video files relating to child pornography depicting two underage boys involved in sexual activity with an adult woman. The Computer Forensic Analysis Report further stated that more than hundred other pornographic video files were downloaded and stored in the said mobile phone.
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