Police Assault Downloading and distributing “child pornography” must not be avoided by all means, said the POCSO conference on monday and set aside a decision of madras high court.
The bench included CJI DY Chandrachud and Justice JB Pardiwala. However, Justice Pardiwala expressed his appreciation towards CJI’ s kind gesture for authoring the judgement, while CJI Chandrachud informed it was a historic judgement and for the first time in the globe where there has been a judiciary looking In such depth into the case on child sex abuse and other such legal issues.
The judgement cited that Erasing the name of the complainant in the judgment limiting the scope of the criminal proceedings has been a ‘clear error’ on the part of the Madras High Court. Supreme court later withdrew the body, followed the suit and re-instituted criminal proceedings.
The judgement which is authored by Justice Pardiwala deals with basing on the orders of the Court the guidelines regarding the enforcement of POCSO Act.
The Madras High Court has held that if the material was neither circulated nor distributed, then all that viewing and possession of child exploitation sexual material is not an offense. Although the SC did not agree with this and said that such an offense includes receiving such materials from any source and for non-reporting it to the appropriate authorities.
