Merely downloading and watching child porn is not an offence: High Court

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Quashing the prosecution initiated by a 28 year old man, the Madras High court said that merely watching and downloading child pornography is not an offence either under the POSCO Act or Information Technology Act. The present day children are 'grappling' with the serious issue of watching porn and instead of punishing them, the society must be "mature enough" to educate them, the Madras High Court said on Thursday.

To consider it as an offence under POSCO Act, a child or children must have been used for pornography purposes. "In order to constitute an offence under Section 67-B of Information Technology Act, 2000, the accused person must have published, transmitted, created material depicting children in sexual explicit act or conduct. A careful reading of this provision does not make watching a child pornography, per se, an offence under Section 67-B of Information Technology Act, 2000," Justice N Anand Venkatesh said in an order on Thursday, news wire PTI reported.

The court, however, expressed concern over children watching pornography. Like smoking and drinking, watching porn has become an addiction for the current generation, and punishing then cannot be a solution, the judge highlighted.

As per the PTI report the said, "The Generation Z Children are grappling with this serious problem and instead of damning and punishing them, the society must be mature enough to properly advice and educate them and try to counsel them to get rid of that addiction. The education must start from the school level since exposure to adult material starts at that stage itself."

The court also added that quashing the criminal proceedings will not help the petitioner and the petitioner himself has to get out of it. The court also advised the petitioner to attend counselling to get help if he still feels addicted.

"In the light of the above discussion, the continuation of the proceedings against the petitioner will amount to abuse of process of Court. That apart, it will be a stumbling block for the petitioner's career in future. Therefore, this Court is inclined to quash the proceedings" on the file of the Sessions Judge, Mahila Neethi Mandras (Fast Track Court), Tiruvallur District, the court ordered, PTI report said.

(With Inputs from PTI)