Question

If someone views child sexual material on their phone (no evidence of distribution), is POCSO attracted after Sept 2024?

Hint:

After 2024: Possession → offence Accessing/viewing → offence Distribution → aggravated offence No requirement of “permanency” or “storage.”

Answer 1

Yes. After the 2024 amendment (effective September 2024), POCSO explicitly criminalises the mere viewing / accessing of Child Sexual Abuse Material (CSAM), even without distribution or transmission.
Under the amended framework:

Mere viewing, accessing, browsing, or possessing child sexual material constitutes an offence.
Distribution or sharing is a separate, more serious offence — but not a prerequisite for liability.
This is consistent with global standards (e.g., US, UK, EU) where possession and accessing alone are criminal offences.
Key point:
Earlier case law sometimes required evidence of:

downloading,
storage,
circulation.
Post–Sept 2024, these requirements are no longer necessary. Mere viewing — even temporary — is sufficient for POCSO liability. Thus: \[ \boxed{Yes — viewing CSAM alone attracts POCSO after Sept 2024.} \]