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Accused of ‘unique’ child pornography gets help from HC | India News

MADURAI: The Madras High Court granted advance bail to a man accused of downloading and sharing child pornography on the grounds that it “appears to be an exceptional act.” The court also took note of the fact that the prosecution’s case did not say that “the possession or transmission was for commercial purposes”.
“Of course, child pornography is a very serious subject that requires a firm approach. But it would make a distinction between a single consumer and those who transmit or propagate or display or distribute in the digital domain, ”said Judge GR Swaminathan, granting an advance bond to a PG engineer Sam Infant Jones, who is currently doing his PhD.
According to the Madurai-Tallakulam Women’s Police Station, Infant Jones downloaded pedophile material on June 27, 2020 and shared it with a friend via Facebook Messenger.

Accused of 'unique' child pornography gets help from HC | India News

The crime was reported by the international NGO National Center for Missing & Exploited Children, which maintains a cyber information line. He notified the National Bureau of Criminal Records in India and NCMEC, US According to the alert, the Tallakulam police registered one case.
The judge said viewing pornography in private is not a crime. “As defined in Section 40 of the IPC, the offense is an act prohibited by law and punishable. As to date, there is no provision that prohibits such private acts, “he said. Noting that there are some who even elevate it as a right to freedom of expression and privacy, he clarified that child pornography falls outside this circle of freedom.
Article 67-B of the Information Technology Law of 2000 penalizes all types of acts related to child pornography. Covers anyone who posts or transmits material in any electronic format depicting children engaged in sexually explicit acts or conduct; or create digital text or images, collect, search, browse, download, advertise, promote, exchange, or distribute material that depicts children in a sexually explicit manner.
Judge Swaminathan decided to grant Infant Jones relief, saying that he had not been “adversely notified” since the first offense and had also extended his cooperation to the investigation. Regarding the digital alert that led Infant Jones to the child pornography network, the judge said: “It is obvious that the moment you enter the digital space, you are under the surveillance of the state or those who manage the social networking sites. . If you’re jealous of privacy, the only option is to stay out of those networks. ”

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