Chambers of Ishaan Garg
Ch. No. 217, Western Wing, District & Sessions Court, Tis Hazari, New Delhi, Delhi 110054
+91 8851742417, +91 8800386163
Case Title:
Just Rights For Children Alliance vs. S. Harish
Case No.:
Criminal Appeal Nos. 2161-2162 of 2024
Date of Judgement:
23 September 2024
Advocates for Applicant:
Mr. H.S. Phoolka (Senior Counsel)
Advocate for Respondent:
Mr. Prashant S. Kenjale
Brief Facts:
The case involved allegations against the respondent, S. Harish, for storing and failing to delete child pornographic material, violating Section 15 of the POCSO Act and Section 67B of the IT Act. The High Court of Madras had quashed the chargesheet and criminal proceedings against the respondent, stating that mere possession or downloading of child pornography did not constitute an offense without evidence of transmission or sharing.
Observations of the Court:
The Supreme Court analyzed the legislative intent behind Section 15 of the POCSO Act and Section 67B of the IT Act. It emphasized that child pornography is a severe societal issue and that possession of such material cannot be trivialized. The Court noted the lapses in the High Court’s interpretation, including overlooking Section 15, which penalizes failure to delete child pornographic material. The Court underscored the importance of safeguarding children’s dignity and the presumption of culpable mental state under Section 30 of the POCSO Act.
The decision of the Court:
The Supreme Court set aside the High Court’s quashing order, reinstating the charges against the respondent. It directed further proceedings, emphasizing strict interpretation of laws protecting children from exploitation and abuse.
