MADRAS HC - CHILD PORNOGRAPHY CAN BE TACKLED BY SPREADING MORAL EDUCATION

The Madras HC, while granting anticipatory bail to a man accused of watching child pornography, observed that viewing pornography privately will not constitute an offence.

"Some even elevate it as falling within one's right to free expression and privacy. But child pornography falls outside this circle of freedom. Section 67-B of the IT Act, 2000 penalises every kind of action about child pornography."

Section 43 of the POCSO Act, 2012 mandates the Governments (Central and State) to take measures to develop public awareness about the provisions. But this alone may not be sufficient. Therefore, it is only through moral education we can tackle the threat of child pornography. The Court also acknowledged that online surveillance is not possible in today's 
time. 

The Court was hearing a petition where the petitioner browsed, downloaded and transmitted child pornographic through his email and Facebook Account. The Petitioner was booked u/s 67B of the Information Technology Act, 2000 and Section 15 (1) of POCSO, 2012. 

The Court granted bail, considering that the occurrence took place almost more than one year ago and was a one-off act. The Interrogation of the petitioner was not warranted as he already handed over his sim and mobile phone. Lastly, during the critical situation of the pandemic, an arrest should be avoided.

Author: Papiha Ghoshal