The Madras High Court recently ruled that simply downloading or viewing child pornography on a personal electronic device does not qualify as an offense under the Protection of Child from Sexual Offences (POCSO) Act and the Information Technology (IT) Act.

Justice N Anand Venkatesh has dismissed the legal proceedings initiated against an individual named S. Harish. Harish had been charged under the Protection of Child from Sexual Offences (POCSO) Act and the Information Technology (IT) Act for downloading and viewing two child pornography videos on his mobile phone.

In the concluding remarks of the verdict, the Court emphasized the increasing prevalence of porn addiction among youth. Justice Venkatesh advocated for a measured and thoughtful approach to addressing this issue.

The High Court observed that Harish acknowledged his addiction to pornography but clarified that he had never consumed child pornography. Additionally, the Court highlighted that Harish had not engaged in the sharing or distribution of any pornographic videos, a crucial element necessary to establish an offense under the Protection of Children from Sexual Offenses (POCSO) Act and the Information Technology (IT) Act.

Furthermore, the Court documented that Harish voluntarily expressed his willingness to undergo counseling to overcome his addiction to pornography.

Referring to a precedent from the Kerala High Court, the judge pointed out that the commission of an offense under Section 292 (sale, etc., of obscene books, etc.) of the Indian Penal Code would only be triggered when an individual attempts to circulate, distribute, or publicly exhibit such videos.

In concluding remarks, the Court expressed concern about the escalating issue of porn addiction among the youth, highlighting the growing challenges associated with this phenomenon.

"There used to be addiction in smoking, drinking, etc. and there is a growing rise in addiction watching porn photos/videos. This, is in view of the fact that it is easily available in the electronic gadgets and by repeatedly watching the same, it becomes a habit and ultimately, the person gets addicted."

Case Title: S Harish vs The Inspector