The Supreme Court’s reportable decision in Just Rights for Children Alliance & Anr. v. S. Harish & Ors. (Criminal Appeal Nos. 2161–2162 of 2024, decided on 23 September 2024) is a watershed moment in India’s cyber–child protection jurisprudence. It corrects a trend of quashing prosecutions on the premise that mere storage or private viewing of child sexual abuse material is not punishable unless there is proof of publication or transmission.
At its core, the judgment does two things for the legal system: first, it gives a structured, mens rea–centric interpretation of Section 15 of the POCSO Act (post-2019 amendment) as creating three distinct offences; second, it situates Section 67B of the IT Act as a broad anti-exploitation provision that criminalises not only dissemination, but also consumption-related conduct such as browsing and downloading.
