Law relating to Child Pornography in India

October 6, 2011, by | Start Discussion

Introduction
Law relating to Child Pornography in India Child pornography means portrayal of children in all forms of media incl. images, films and, in some cases, writings depicting sexually explicit activities involving a child. Due to the free availability of information on the Internet, a major risk that a child may be exposed to is inappropriate material, sexual, hateful, or violent in nature, or encourages activities that are dangerous or illegal.

World is very liberal in accepting ―Adult Porn‖, but Child Porn‖ is strictly banned and punishable with strict imprisonment. Ninety four of 187 member states of Interpol have Laws banning Child Pornography (Source – Wikipedia).

India, though have a Law relating to Pornography which we have seen in last edition. But that law has general applicability and importantly it is applicable only if you ―Publish‖ or ―Transmit‖ obscene material in electronic form and hence, it leaves many loopholes while interpreting. Hence, as per the amendments of 2008 under the Information technology Act, new Section specifically dealing with Child Pornography has been introduced.

It reads as under:-
Section 67 (B)
Punishment for publishing or transmitting of material depicting children in sexually explicit act, etc., in electronic form. Whoever—
(a) Publishes or transmits or causes to be published or transmitted material in any electronic form which depicts children engaged in sexually explicit act or conduct; or
(b) Creates text or digital images, collects, seeks, browses, downloads, advertises, promotes, exchanges or distributes material in any electronic form depicting children in obscene or indecent or sexually explicit manner, or
(c) Cultivates, entices or induces children to online relationship with one or more children for and on sexually explicit act or in a manner that may offend a reasonable adult on the computer resource; or
(d) Facilitates abusing children online, or
(e) Records in any electronic form own abuse or that of others pertaining to sexually explicit act with children,
 

Punishment:-
For first instance – Imprisonment up to 5 years For subsequent instances – Imprisonment up to 7 years And fine up to Rs. Ten Lakh.
This provision does not extend to any book, pamphlet, paper, writing, and drawing, painting representation or figure in electronic form—
(i) The publication of which is proved to be justified as being for the public good on the ground that such book, pamphlet, paper, writing drawing, painting representation or figure is the interest of science, literature, art or learning or other objects of general concern; or
(ii) Which is kept or used for bonafide, heritage or religious

Explanation
For the purposes of this section ―children‖ means a persons who has not completed the age of 18 years.


Sagar is a Law graduate. He is Head at Asian School of Cyber Laws(Maharashtra). He specializes in Cyber Law, Intellectual Property Law and Corporate Law. He teaches at numerous educational institutions across India.

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