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Possession, Presumption, Punishment: Criminalising The Inchoate Under Section 15 Of POCSO In Just Rights For Children Alliance V. S. Harish (2024 INSC 716)

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Dibyendu Mondal, Thakur Ramnarayan College of Law, Mumbai

Vedika Vijaypal Singh, Thakur Ramnarayan College of Law, Mumbai


ABSTRACT


This article analyses the Supreme Court's judgment in Just Rights for Children Alliance v. S. Harish (2024 INSC 716), which reversed the Madras High Court's decision quashing proceedings for possession of child sexual abuse material. It examines how the Court classified Section 15 of the POCSO Act as an inchoate offence, invoked the doctrine of constructive possession, and mandated the statutory presumption under Section 30. The article analyses that this purposive interpretation fortifies India's child protection framework against digital-era challenges.


Keywords: POCSO, Inchoate Offence, Constructive Possession, Child Sexual Abuse Material.



Indian Journal of Law and Legal Research

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Abbreviation: IJLLR

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ISSN: 2582-8878

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Website: www.ijllr.com

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Accessibility: Open Access

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License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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