“To make out an offense under Section 14(1) of the Protection of Child from Sexual Offenses Act, 2012, a child or children must have been used for pornography purposes. This would mean that the accused person should have used the child for pornographic purposes. Even assuming that the accused person had watched child pornography [videos], that strictly will not fall within the scope of Section 14(1) of the Protection of Child from Sexual Offenses Act, 2012,”
explained the judge at the Madras High Court.
Harish had his charges quashed, with the judge explaining that merely downloading and watching child pornography
would not be considered a criminal offense under the POCSO Act and the Information Technology law. The decision lead to outrage from child protection groups.