Closing the cracks

The Supreme Court's ruling strengthening child protection laws by redefining child sexual exploitative material, closing legal loopholes, and encouraging preventive measures is a step in the right direction

- OP SINGH & HIMANSHU DIXIT

The Supreme Court's landmark judgment in Just Rights For Children Alliance vs S Harish (2024) marks a crucial step in addressing the menace of child sexual abuse material. The rise in child sexual abuse, especially the consumption of Child Sexual Exploitative and Abusive Material (CSEAM), along with its long-term psychological impact on victims, highlights the need for an evolved interpretation of key provisions within the Protection of Children from Sexual Offences Act (POCSO), a comprehensive law aimed at safeguarding children.

The judgment's findings can be divided into two key parts: [A] Substantive and binding interpretations of law and [B] obiter dicta: recommendations for effective implementation.

Substantive and binding interpretations of law

Possession of CSEAM inherently includes viewing, including over the Internet

When an individual is found possessing or storing CSEAM, they are typically charged under Section 15(1) of the POCSO Act and Section 67-B of the Information Technology Act. Section 15(1) classifies possession or storage as an inchoate offense, punishable only if the individual intends to share the material and fails to delete, destroy, or report it. Section 67-B covers a broader range, including even browsing such content. If the accused engages in additional actions like transmission or distribution, Section 15(2) applies, carrying stricter penalties. For commercial purposes, harsher punishments are imposed under Section 15(3).