You can now be prosecuted for unknowingly “auto-downloading” child porn. Here’re some safe browsing habits

In a landmark judgement, the Supreme Court of India has broadened the definition of crimes under the Protection of Children from Sexual Offences (POCSO) Act. The court ruled that simply viewing child pornography on the internet, without physically possessing or storing the material, is now a criminal offence under Section 15 of the POCSO Act and provisions of the Information Technology (IT) Act. This ruling significantly expands the scope of the law to address the evolving challenges posed by digital platforms.

A wider net

In its ruling, a bench comprising Chief Justice D.Y. Chandrachud and Justice J.B. Pardiwala stated, "Any act of viewing, distributing, or displaying child pornographic material by a person over the internet without any actual or physical possession or storage of such material in any device or in any form or manner would also amount to 'possession' in terms of Section 15 of POCSO Act."

This interpretation effectively settled conflicting verdicts from various high courts, notably overturning a Madras High Court decision that had quashed a POCSO case against an individual who had viewed child pornography but had not circulated it. The Supreme Court, in agreeing with senior advocate H.S. Phoolka's arguments, deemed the earlier judgement "egregiously erroneous."

Crimes categorised

In a further clarification, the Supreme Court divided crimes related to child pornography under Section 15 of the POCSO Act into three distinct categories. The decision emphasised that law enforcement and courts must carefully assess each case to determine the specific category under which an offence falls.

One critical insight from the judgement is that an offender cannot escape prosecution by simply deleting illegal content before an FIR is registered. The bench declared, "We clarify that there is no requirement under Section 15 of POCSO Act that ‘storage’ or ‘possession’ must continue to exist at the time of initiation of the criminal proceeding, and no such requirement can be read into the said provision."
This means that even if an individual deletes the material before the authorities take action, they may still face legal consequences based on the mere act of viewing or temporary possession.

Automatic downloads

Acknowledging the complexities of digital media, the Supreme Court recognised that certain child pornographic content might be automatically downloaded onto devices without the user’s knowledge. To address this, the court created a safeguard for those unaware of the offensive material stored on their devices. If a person discovers such material on their device through automatic downloads, they will not be prosecuted if they take immediate steps to delete it and report it to the authorities.

However, the onus is on the device owner to act swiftly. Failure to delete or report the offensive material after becoming aware of it would constitute an offence under the law.

To avoid the automatic downloading of problematic material, there are several proactive measures you can take. First, adjust your browser settings to disable automatic downloads and pop-ups, ensuring you have to approve any file before it is downloaded to your device. Regularly update your web browser and security software to benefit from the latest protections against malicious websites.
Additionally, be cautious about the sites you visit, particularly those that seem suspicious or unfamiliar; stick to well-known, reputable sources. Additionally, consider using ad blockers or content filters that can prevent potentially harmful content from loading. Always be mindful of any unsolicited links in emails or messages, as these can lead to automatic downloads of unwanted material. Lastly, routinely monitor your device for any unfamiliar files and promptly delete anything that looks suspicious to minimise your risk of unknowingly storing problematic content.

What this means for the future

This judgement sends a clear message: India is taking a zero-tolerance approach toward child pornography in all its forms, whether stored, distributed, or merely viewed. The ruling adapts the legal framework to modern challenges, ensuring that perpetrators can no longer hide behind technicalities such as the absence of physical possession.

The Supreme Court’s interpretation also places a burden on individuals to exercise responsibility in the digital world. Anyone who stumbles upon child pornography, whether intentionally or accidentally, must take swift action to avoid legal consequences.

(With inputs from agencies)