Court emphasizes subjective satisfaction over strict age determination in cases involving Child Sexual Exploitation Material.
In a significant ruling, the Delhi High Court has overturned the discharge of two individuals accused of possessing and distributing Child Sexual Exploitation Material (CSEM), reinforcing the need for a broader interpretation of the Protection of Children from Sexual Offences (POCSO) Act, 2012. The court, led by Dr. Swarana Kanta Sharma, J., emphasized that the prosecution need not establish the precise age of children depicted in pornographic material through conventional methods, such as medical tests, when the victims are unidentified or untraceable.
The case originated from a Public Interest Litigation filed by Tulir Charitable Trust against a decision by the Sessions Court, which had discharged the accused under Section 15(2) of the POCSO Act, citing the absence of age-determining evidence for the children in the material. The High Court, however, criticized this approach, stating it contradicted the legislative intent and could potentially render the Act ineffective in protecting children from sexual exploitation.
The judgment outlines that for cases involving CSEM, the court can rely on the subjective satisfaction test. This involves expert opinions, forensic evidence, and visual assessments to determine if the material depicts children engaged in sexually explicit acts. The High Court referenced expert testimonies and forensic reports that confirmed the videos in question involved minors, thus meeting the criteria for invoking Section 15(2) of the POCSO Act.
By setting aside the Sessions Court's decision, the High Court has directed that charges under Section 15(2) of the POCSO Act, along with Section 67B of the Information Technology Act and Section 120B of the Indian Penal Code, be framed against the accused. This ruling underscores the judiciary's commitment to adapting legal interpretations to uphold child protection laws effectively, despite challenges in age verification in cases involving online child pornography.
Bottom Line:
In cases involving Child Sexual Exploitation Material (CSEM), strict age-determination procedures for victims are not required for invoking Section 15(2) of the POCSO Act. The "subjective satisfaction" test, based on expert opinion or forensic evidence, can be applied to establish that the material depicts children engaged in sexually explicit acts.
Statutory provision(s):
- Protection of Children from Sexual Offences Act, 2012: Sections 2(1)(da), 15(2), 34
- Juvenile Justice (Care and Protection of Children) Act, 2015: Section 94
- Information Technology Act, 2000: Section 67B
- Indian Penal Code, 1860: Section 120B
Court on Its own motion v. State, (Delhi) : Law Finder Doc id # 2878004
