According to a recent ruling by the Supreme Court of India said that regardless if child pornography material is distributed further or not its possession itself is a criminal offense. This was a vote of cooperation that gave great importance to criminal jurisprudence aiding the noble cause of saving children from sexual exploitation and how a doctrine of inchoate crimes can help in this regard.
Inchoate Offenses are crimes that are committed as preparation for a part 2 offense. The Supreme Court made it very clear that the intention to possess child pornographic material is punishable and not the transmission currents of the content as such. We will consider storing or possessing [item] with intent to be a crime.
The court considered constructive possession, defined as control over contraband without physical possession. It clarifies that a person need not have physical possession of child pornographic material, but just control over it.
The Protection of Children from Sexual Offences (POCSO) Act provides various punishments for different offenses related to child pornography. The offenses are punishable by fines and up to a year in prison under the act.
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Provisions of the POCSO Act
Section 15 (1)
- Possession of child pornographic material
- Minimum fine of Rs 5,000 to Rs 10,000.
15 Section (2)
- Possession of child pornographic material for dissemination
- Up to three years of jail term or fine or both.
Section 15 (3)
- Use of such materials for commercial gains
- Three to five years of jail term for first-time offenders or with a fine or both.
Repeat offenders
- Five to seven years of jail term along with a fine.
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