The Supreme Court of India recently clarified the legal implications of possessing child pornographic material, noting that such possession constitutes a criminal offence. This ruling emphasises that even if individuals do not distribute this material, merely having it on their devices can lead to severe penalties, including imprisonment and fines.
In a significant ruling, the court explained the concept of "inchoate crime," which refers to actions that are criminal in nature and taken as a step toward committing a more serious offence. The court's decision marks an important moment in Indian criminal law, as it underscores the need to address not only completed crimes but also preparatory actions that could lead to serious violations.
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The Supreme Court's ruling underscores that possessing child pornographic material, with the intent to keep or store it, falls under the definition of an inchoate crime. This means that the law considers the intention behind the possession, even in the absence of any distribution. Thus, individuals may face legal repercussions for simply storing this content if it is done with a specific intention.
During the 200-page judgement, a bench led by Chief Justice D.Y. Chandrachud and Justice J.B. Pardiwala elaborated on the significance of inchoate crimes within legal frameworks. “Inchoate crimes are those acts committed in preparation for a further offence. The term itself indicates an undeveloped state,” the court noted.
The court further explained that Section 15 of the Protection of Children from Sexual Offences (POCSO) Act specifically addresses the issue of possession of child pornographic material. It clarifies that the focus of the law is on the intention behind the possession rather than the actual act of disseminating the material. Justice Pardiwala noted, “The intention is what the law seeks to punish, rather than a
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