Doctrine of Inchoate Crimes is a cornerstone of criminal jurisprudence. It is aimed at addressing legal culpability of those who engage in preparatory conduct. If unaware about Section 15 of The Protection of Children from Sexual Offences Act, 2012, this by itself does not give rise to a corresponding legitimate or reasonable ground to believe, there was any right to store or possess child pornographic material.

However, if child pornographic material was found stored in a broken phone of ‘A’, since material was found in a broken phone, it is likely, failure to delete, destroy or report same was attributable to inability of ‘A’ to operate it’s broken phone rather than intent to share or transmit. Thus, no offence would be made out under Section 15(1) of The Protection of Children from Sexual Offences Act, 2012.

– Hon’ble Justice J.B. Pardiwala, Just Rights For Children Alliance v. S. Harish, [Criminal Appeal Nos. 2161-2162 of 2024].