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Child Pornography

Under the Protection of Children from Sexual Offences Act, 2012, the word child pornography has been given a legal definition in the country of India (POCSO). The sexual abuse of children may also assume the shape of child pornography. According to the legislation enacted, the term child pornography refers to any visual portrayal of sexually graphic action involving a kid (minor not more than 18 years of age). Photographs of molestation are another term that may be used interchangeably with pictures of child pornography.

The issue of child abuse through pornographic means have been increasing rapidly day by day in India as well as the world. According to statistics provided by the National Crime Records Bureau, there were 738 incidents of child pornography that were filed in India in the year 2020 alone. It is possible that perhaps the stats are only pointing towards the fact that many individuals have stepped forth to disclose such incidents. As shown in a study that was published on the legal news and analysis service webpage jurist.org on May 14, 2020, in India, a sexually explicit clip is recorded almost every 40 seconds. More than 25% of the online searches in India are regarding pornographic material of children.

Laws regarding Child Pornography

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India has no laws that specifically deal with cyber flashing but, for now, these incidents are being covered by the Indian Penal Code and Information Technology Act, 2000.

  • Section 509 of IPC works for any act that intends to insult a woman’s modesty

  • Section 354A(iii) of IPC deals with any man who shows pornographic material to a woman against her will. This section can cover masked cases of cyberflashing

  • Section 293 of IPC deals with whoever distributes, exhibits or circulates obscene material to anyone under 20 years of age

  • Section 67 of the IT Act takes action against anyone for publishing or transmitting obscene material in electronic form.

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