This week in Indian law: The Supreme Court criminalised viewing and possessing child sexual abuse material under POCSO. The SC barred blanket disability disqualification in medical admissions. IBBI amended CIRP Regulations on creditor representatives. 11 significant legal developments this week across criminal law, Supreme Court judgments, and corporate insolvency.
Top story
SC Criminalises Viewing and Possessing Child Abuse Material
Category: criminal-law | Date: 24 September 2024 | Source: Supreme Court of India
The Supreme Court delivered a landmark ruling expanding criminal liability under the Protection of Children from Sexual Offences Act, 2012 (POCSO) to cover viewing and possessing child sexual abuse material (CSAM). The Court held that the consumption of CSAM perpetuates the cycle of child exploitation even where the consumer is not directly involved in production or distribution.
Why it matters: This significantly expands the scope of POCSO criminal liability. Digital evidence practitioners, ISPs, and platform operators should note the expanded definition of criminal conduct related to CSAM, which now clearly encompasses mere viewing and possession.
Read more: Veritect analysis
Court judgments
CSAM Possession Now Criminal Under POCSO
Court: Supreme Court of India | Date: 24 September 2024
The Court interpreted POCSO's provisions to cover the entire chain of CSAM exploitation — from production through distribution to consumption. The ruling holds that viewing CSAM creates demand that drives production, making consumers complicit in the exploitation cycle.
Key point: Criminal law practitioners should advise clients that mere possession or viewing of CSAM on any device is now clearly established as criminal conduct under POCSO, regardless of whether the individual was involved in creation or sharing.
SC Bars Blanket Disability Disqualification in Medical Admissions
Court: Supreme Court of India | Date: 28 September 2024
The Court held that medical colleges cannot impose blanket disqualification based on the type or percentage of disability. Individual assessment of the candidate's functional capacity to perform the essential requirements of the medical programme is mandatory under the Rights of Persons with Disabilities Act, 2016.
Key point: Medical education institutions must develop individual assessment protocols — blanket exclusions based on disability category or percentage will not survive judicial scrutiny under the RPwD Act.
Legislative and policy developments
No significant legislative developments this week. Parliament was not in session.
Regulatory updates
IBBI Amends CIRP Regulations on Creditor Representatives
Regulator: IBBI | Date: 24 September 2024 | Source: IBBI
The Insolvency and Bankruptcy Board of India notified amendments to the CIRP Regulations governing the appointment, functioning, and accountability of authorised representatives of creditors in the Committee of Creditors. The amendments aim to improve decision-making quality and transparency in IBC proceedings involving large numbers of creditors.
Key point: IBC practitioners should review the amended regulations to ensure compliance with new norms for authorised representatives in ongoing CIRP proceedings.
Also this week
- September SC term draws to close — One of the most productive months in the Supreme Court's 2024 calendar, with bail jurisprudence, bulldozer guidelines, CSAM liability, and disability rights all addressed.
- Kolkata hospital NTF progress — The National Task Force continued deliberations on healthcare workplace safety recommendations.
- Quarter-end regulatory activity — SEBI and RBI expected to issue quarter-end circulars and enforcement actions.
- Navratri festivities — Court schedules adjusted for the upcoming Navratri festival period.
By the numbers
- POCSO — The child protection statute whose scope has been significantly expanded to cover CSAM consumption
- RPwD Act 2016 — Statute underpinning the disability rights ruling for medical admissions
- September 2024 — 5 major SC rulings delivered this month: GPS privacy, Kejriwal bail, bulldozer demolitions, CSAM, and disability rights
Looking ahead
- October 1: Major SC matters listed — Byju's insolvency and 9-judge industrial alcohol judgment
- October 3: SC expected to deliver the caste-based prison labour ruling
- October 9: RBI MPC meeting — potential stance shift expected
- October: CJI Chandrachud's final Constitution Bench hearings as retirement approaches (November 10)
This is the Veritect Weekly Legal Roundup for Week 39 of 2024. For daily updates, visit our legal news page. Subscribe to receive this roundup every Monday morning.
Veritect provides this content for informational purposes and does not constitute legal advice.