In Brief
A man allegedly downloaded and stored two videos depicting children in sexual acts on his mobile phone for approximately four to seven years without deleting, destroying, or reporting them. The Madras High Court quashed the proceedings, holding that mere possession or storage of child pornography without transmission is not punishable. The Supreme Court reversed this decision, clarifying that Section 15 of the POCSO criminalizes storage or possession of child sexual exploitative material (not just transmission) as an inchoate offence. The Court held that failure to delete, destroy, or report such material prima facie establishes guilt, triggering a statutory presumption of intent to share. The judgment comprehensively interpreted Section 15 (three distinct offences) and Section 67B of the IT Act, and held that statutory presumptions apply even in quashing proceedings once foundational facts are established.
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