The Supreme Court has directed the Centre to respond to a petition filed by a coalition of NGOs challenging a Kerala High Court ruling. The ruling in question stated that merely storing and possessing child pornography on a phone does not constitute an offence under the Pocso Act or the Information Technology Act.

A bench consisting of Chief Justice of India D.Y. Chandrachud, Justice J.B. Pardiwala, and Justice Manoj Misra referred to a similar order by the Madras High Court, which ruled that simply watching child pornography does not constitute a criminal offence. Citing this precedent, the CJI noted that the reserved judgment from the Madras High Court could affect the current case and instructed the petitioner to await the decision.

In June, the Kerala High Court discharged Sebin Thomas, a 27-year-old who had downloaded, stored, and possessed child pornography on his mobile phone. The court determined that merely downloading or possessing such material, whether automatic or accidental, does not constitute an offence under the Protection of Children from Sexual Offences (Pocso) Act or the IT Act.

Just Rights for Children Alliance, a coalition of over 120 NGOs working in India against sexual exploitation, trafficking and marriage of children, had said in its petition: “The impugned order, extensively covered in the media, gave the impression that individuals who download and possess child pornography will not face prosecution. This will encourage child pornography and would act against the well-being of children.”

Senior advocate H.S. Phoolka, representing the petitioner, informed the bench that the Kerala police had discovered that several local children, aged 8-10 years and 15-16 years, were featured in the offending sexual videos. The accused was apprehended during Operation P-Hunt, a specialized initiative by the Kerala Police CCSE (Countering Child Sexual Exploitation) team, operating under Cyberdome, aimed at combating crimes against children. The petitioner highlighted a concerning year-on-year increase in child pornography cases from 2018 to 2022, as reported by the National Crime Records Bureau, indicating a significant rise in incidents over these four years.