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.
What is Inchoate Crimes
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.
Legal Interpretation of Intent
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 conventional criminal act.”
The ruling also touched on the idea of “constructive possession,” indicating that individuals could face legal action even if they do not physically hold child pornographic material but can control it. This interpretation broadens the scope of liability under the POCSO Act.
The POCSO Act prescribes varying penalties based on the nature of the offence.
According to reports from PTI, Section 15 of the POCSO Act details specific penalties:, the act’s Section 15 outlines the following potential consequences:
- Section 15(1) sets a fine of Rs. 5,000 to Rs. 10,000 for mere possession.
- Section 15(2) penalises possession for distribution with up to three years of imprisonment or a fine.
- Section 15(3) addresses commercial use, with sentences of three to five years for first-time offenders.
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Repeat offenders could receive harsher penalties, including jail terms of five to seven years alongside fines. This ruling serves as a warning against any form of child exploitation and reinforces the government’s commitment to protecting children from sexual offences.
