POCSO Act Section 13: Use of Child for Pornographic Purposes
Section 13 of the Protection of Children from Sexual Offences Act, 2012 defines the offence of using a child in any form of media for purposes of sexual gratification. It covers specified representations involving a child and expressly extends to print, electronic, computer and other technology used for preparing, producing, offering, transmitting, publishing, facilitating or distributing pornographic material.
CHAPTER III - USING CHILD FOR PORNOGRAPHIC PURPOSES AND PUNISHMENT THEREFOR
Section 13 - Use of Child for Pornographic Purposes
The current statutory text of Section 13 provides as follows:
Whoever, uses a child in any form of media (including programme or advertisement telecast by television channels or internet or any other electronic form or printed form, whether or not such programme or advertisement is intended for personal use or for distribution), for the purposes of sexual gratification, which includes-
(a) representation of the sexual organs of a child;
(b) usage of a child engaged in real or simulated sexual acts (with or without penetration);
(c) the indecent or obscene representation of a child,
shall be guilty of the offence of using a child for pornographic purposes.
Explanation.- For the purposes of this section, the expression "use a child" shall include involving a child through any medium like print, electronic, computer or any other technology for preparation, production, offering, transmitting, publishing, facilitation and distribution of the pornographic material.
Essential Elements of Section 13
Section 13 applies where a child is used in a form of media for the purpose of sexual gratification and the conduct falls within the statutory description. The provision specifically includes representation of the sexual organs of a child, use of a child in real or simulated sexual acts, with or without penetration, and indecent or obscene representation of a child.
Meaning of "Use a Child"
The Explanation to Section 13 gives the expression "use a child" an express statutory scope. It includes involving a child through print, electronic, computer or any other technology for preparation, production, offering, transmitting, publishing, facilitation and distribution of pornographic material.
Media Covered by Section 13
The provision is technology-neutral in important respects. It expressly refers to television, the internet, other electronic forms and printed forms, and its Explanation extends to computer and other technology. The section also states that the relevant programme or advertisement may be intended for personal use or for distribution.
Section 13 and Punishment under Sections 14 and 15
Section 13 defines the offence. The punishment and related liability are dealt with separately in Sections 14 and 15 of the POCSO Act. Section 14 concerns punishment for using a child for pornographic purposes, while Section 15 deals with punishment for storage of pornographic material involving a child in the circumstances specified by that section.
Related POCSO Provisions
Depending on the conduct involved, provisions concerning penetrative sexual assault, sexual assault, sexual harassment, abetment or other offences under the POCSO Act may also require consideration. Section 13 should therefore be read with the relevant provisions of the Act and the facts of the particular case.
Official Legal Resources
India Code - Protection of Children from Sexual Offences Act, 2012 India Code Ministry of Women and Child Development - Publications