Introduction –
To control sexual offence against children the Government of India enacted the Protection of Children from Sexual Offences Act 2012. It came into force in the year 2012 and applicable within the Territory of India. Section 13 to 15 of the said Act deals with the provision, Using Child for Pornographic Purposes and Punishment for such act.
1) Use of child for pornographic purposes –
According to Section 13 of the said Act, whoever uses a child in any form of media (including programme or advertisement telecast by television channels or internet or any other electronic form or printed form, whether or not such programme or advertisement is intended for personal use or for distribution), for the purposes of sexual gratification, which includes-
- representation of the sexual organs of a child;
- usage of a child engaged in real or simulated sexual acts (with or without penetration);
- the indecent or obscene representation of a child, shall be guilty of the offence of using a child for pornographic purposes.
Explanation – For the purposes of this section, the expression “use a child” shall include involving a child through any medium like print, electronic, computer or any other technology for preparation, production, offering, transmitting, publishing, facilitation and distribution of the pornographic material.
2) Punishment for using a child for pornographic purposes –
Section 14 of the said Act provides punishment for using child for a pornographic purpose.
According to Section 14 of the said Act, whoever uses a child or children for pornographic purposes shall be punished with imprisonment of either description which may extend to five years and shall also be liable to fine and in the event of second or subsequent conviction with imprisonment of either description for a term which may extend to seven years and also be liable to fine.
If the person using the child for pornographic purposes commits an offence referred to in section 3, by directly participating in pornographic acts, he shall be punished with imprisonment of either description for a term which shall not be less than ten years but which may extend to imprisonment for life, and shall also be liable to fine.
If the person using the child for pornographic purposes commits an offence referred to in section 5, by directly participating in pornographic acts, he shall be punished with rigorous imprisonment for life and shall also be liable to fine,
If the person using the child for pornographic purposes commits an offence referred to in section 7, by directly participating in pornographic acts, he shall be punished with imprisonment of either description for a term which shall not be less than six years but which may extend to eight years, and shall also be liable to fine.
If the person using the child for pornographic purposes commits an offence referred to in section 9, by directly participating in pornographic acts, he shall be punished with imprisonment of either description for a term which shall not be less than eight years but which may extend to ten years, and shall also be liable to fine.
3) Punishment for storage of pornographic material involving a child –
Section 15 provides punishment for storage of pornographic material involving a child. According to Section 15 of the said Act, any person, who stores, for commercial purposes any pornographic material in any form involving a child shall be punished with imprisonment of either description which may extend to three years or with fine or with both.
See also…
