Is it also a crime to delete child pornography after watching?
The supreme court has said that even if a person watches child pornography on his phone and then deletes it, he is still a criminal. If we do not consider him a criminal, then any person can cheat this law. For example, if a person deletes child pornography immediately after watching it on his mobile, can it be said that that person is not responsible under the law?
The supreme court also warned that the courts should not show any leniency in this matter, especially against those schools, educational institutions, orphanages and prisons, which fail to report the abuse or exploitation of children. They should fulfill their responsibility and report such cases.
The court said that it has received information that social media platforms do not report cases of exploitation and abuse of children to the local authorities, who are responsible under the POCSO Act. The court warned that these platforms cannot claim exemption from their responsibility under Section 79 of the IT Act. According to this section, they are not responsible unless they follow the law.
Keeping the video means 'intent to send or show it to others'
The supreme court said that under the POCSO law, if someone has a video that exploits children, then it can be understood that his intention may be to show or send it to others, even if he has not yet sent it to others.
In its 200-page judgment, the court has said that work is also necessary to commit a crime, but the intention behind that work is also very important. This helps in understanding the law and we can prevent crime as well as punish the criminals. It should not be understood that keeping pornographic videos of children does not harm anyone. If we do not do anything against it, it promotes exploitation of children.
The supreme court has said that we have to do many things to fight against child exploitation. Along with making strict laws, we also have to make people aware and work together with other countries of the world. technology is growing rapidly and the Internet is spreading everywhere, so it is becoming easier to spread videos exploiting children.
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