Child Pornography in India — Law Insider

  1. Sec 292 and 293 of the IPC prohibit pornography in any form. Sec 293 specifically talks about pornographic exposure to young children and prohibits it. The main concept dealt under these two sections is obscenity. What is obscene and what is not is completely guided by the morals and ethics of the society. The reason to penalize such material is to safeguard the decency of the society and prevent corrupt ideology from prevailing.
  2. Sec 13 of the Protection of Children from Sexual Offences (POCSO) Act, 2012 prohibits the use of child for the purpose of sexual gratification and sec 14 of the same Act gives the punishment for such act. The material could be graphics, print, electronic or any other form. Sec 15 of the POCSO Act penalizes the storing of any pornographic material involving a child. The aim of introducing such sections is to prevent and penalize exploitation of children.
  3. The Information and Technology Act, 2000 also has a provision against child pornography. Sec 67B of the said Act talks about punishment for publishing or transmitting material depicting children in sexually explicit act, etc. in electronic form.
  1. Traffic on websites like Pornhub has increased by 95% between 24thand 26thMarch 2020, which was the beginning of the nationwide lockdown.
  2. The increase in viewership has been linked to Pornhub making its premium content free to viewers during the lockdown.
  3. The search for keywords like ‘child porn’, ‘sexy child’ and ‘teen sex videos’ has also spiked.
  4. About 18% individuals demanded violent child pornographic content.
  1. The Protection of Children from Sexual Offences Act, 2012, Act 32 of 2012. https://wcd.nic.in/sites/default/files/POCSO%20Act%2C%202012.pdf
  2. Child Sexual Abuse Material in India, Report on Demand for child pornography & pilot deterrence using artificial intelligence, India Child Protection Fund, April 2020. https://7d53df5d-623a-479f-89b5-c88a0757a721.filesusr.com/ugd/aeb656_0247bfeedc04490b8e44e4fba71e3ad7.pdf
  3. Milind Rajratnam, Combating Child Pornography in India, JURIST-Student Commentary, May 14, 2020. https://www.jurist.org/commentary/2020/05/milind-rajratnam-combating-child-pornography/
  4. Hemani Sheth, India Lockdown: Online child pornography consumption spikes in India, says ICPF, The Hindu Business Line, April 14, 2020. https://www.thehindubusinessline.com/info-tech/india-lockdown-online-child-pornography-consumption-spikes-by-in-india-says-icpf/article31337221.ece#
  5. Shashank Shekhar, India has one of world’s worse rates of online child pornography despite crackdown, cyber experts reveal, Mail Online India, September 5,2017. https://www.dailymail.co.uk/indiahome/indianews/article-4855694/India-world-s-worse-rates-online-child-pornography.html

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