The Supreme Court expanded the definition of “possession” in child pornography. The ruling said the following

• Even viewing, possessing, and not reporting(child pornography). Such content is punishable under the Protection of Children from Sexual Offences (POCSO) Act
• Regardless of whether child pornography is shared or transmitted further.
• The ruling expanded the interpretation of Section 15 of the POCSO Act. The section ,as per the ruling,could even be used to punish the “intent” to commit such an act.

Section 15 of POCSO act deals with the “Punishment for storage of pornographic material involving child”.

LEARNING FROM HOME/ WITHOUT CLASSES/ BASICS

WHAT POCSO ACT IS ALL ABOUT

To deal with child sexual abuse cases, the Government has brought in a special law, namely, (POCSO) Act, 2012.

Law provides for the protection of children from the offences of sexual assault, sexual harassment and pornography. It including penetrative and non-penetrative assault.

  The law safeguards the interests of the child at every stage of the judicial process. IT incorporates child-friendly mechanisms for reporting, recording of evidence, investigation and speedy trial of offences through designated Special Courts. The said Act defines a child as any person below eighteen years of age.

Act prescribes stringent punishment graded as per the gravity of the offence, with a maximum term of rigorous imprisonment for life, and fine.

AMENDMENT

The Act was amended. It increased the minimum punishment from seven years to ten years. It further adds that if a person commits penetrative sexual assault on a child below the age of 16 years:

he will be punishable with imprisonment between 20 years to life, with a fine.

The amendment adds two more grounds to the definition of aggravated penetrative sexual assault. These include:

(i) assault resulting in death of child, and

(ii) assault committed during a natural calamity, or in any similar situations of violence. Currently, the punishment for aggravated penetrative sexual assault is imprisonment between 10 years to life, and a fine. It also increases the minimum punishment from ten years to 20 years, and the maximum punishment to death penalty.

New rules as notified in March 2020 includes

A.Provision of mandatory police verification of staff in schools and care homes,

B. Procedures to report sexual abuse material (pornography), imparting age-appropriate child rights education among others.

For the crackdown on child pornography, the rules state that:

“any person who has received any pornographic material involving a child or any information regarding shall report the contents to the special juvenile police unit (SJPU) or police, or cyber crime portal.

Any institution housing children or coming in regular contact with children, including schools, creches, sports academies or any other facility for children must ensure a police verification and background check on periodic basis of every staff.