POCSO Act Sections 14 and 15: Punishment for Child Pornographic Material Offences
Sections 14 and 15 of the Protection of Children from Sexual Offences Act, 2012 deal with punishment connected with pornographic material involving a child. Section 14 punishes the use of a child or children for pornographic purposes, while Section 15 creates separate consequences for specified forms of storage or possession.
CHAPTER III - USING CHILD FOR PORNOGRAPHIC PURPOSES AND PUNISHMENT THEREFOR
Section 14 - Punishment for Using Child for Pornographic Purposes
Section 14 was substituted by the Protection of Children from Sexual Offences (Amendment) Act, 2019. The current provision contains two sub-sections.
(1) Whoever uses a child or children for pornographic purposes shall be punished with imprisonment for a term which shall not be less than five years and shall also be liable to fine and in the event of second or subsequent conviction with imprisonment for a term which shall not be less than seven years and also be liable to fine.
(2) Whoever using a child or children for pornographic purposes under sub-section (1), commits an offence referred to in section 3 or section 5 or section 7 or section 9 by directly participating in such pornographic acts, shall be punished for the said offences also under section 4, section 6, section 8 and section 10, respectively, in addition to the punishment provided in sub-section (1).
Meaning and Effect of Section 14
The underlying offence of using a child for pornographic purposes is defined in Section 13 of the POCSO Act. Section 14(1) prescribes a minimum imprisonment of five years for the first conviction and a minimum of seven years for a second or subsequent conviction, together with fine.
Section 14(2) applies where, while using a child for pornographic purposes, the person directly participates in conduct amounting to an offence under Section 3, 5, 7 or 9. In such a case, punishment under the corresponding Sections 4, 6, 8 or 10 is imposed in addition to the punishment under Section 14(1).
Section 15 - Punishment for Storage of Pornographic Material Involving Child
Section 15 was also substituted by the 2019 Amendment Act. The current section contains three distinct sub-sections based on the nature and purpose of storage or possession.
(1) Any person, who stores or possesses pornographic material in any form involving a child, but fails to delete or destroy or report the same to the designated authority, as may be prescribed, with an intention to share or transmit child pornography, shall be liable to fine not less than five thousand rupees and in the event of second or subsequent offence, with fine which shall not be less than ten thousand rupees.
(2) Any person, who stores or possesses pornographic material in any form involving a child for transmitting or propagating or displaying or distributing in any manner at any time except for the purpose of reporting, as may be prescribed, or for use as evidence in court, shall be punished with imprisonment of either description which may extend to three years, or with fine, or with both.
(3) Any person, who stores or possesses pornographic material in any form involving a child for commercial purpose shall be punished on the first conviction with imprisonment of either description which shall not be less than three years which may extend to five years, or with fine, or with both and in the event of second or subsequent conviction, with imprisonment of either description which shall not be less than five years which may extend to seven years and shall also be liable to fine.
Section 15 Punishment at a Glance
| Provision | Conduct addressed | Statutory consequence |
|---|---|---|
| Section 15(1) | Failure to delete, destroy or report stored or possessed material, with intention to share or transmit child pornography. | Fine of not less than Rs. 5,000; for a second or subsequent offence, fine of not less than Rs. 10,000. |
| Section 15(2) | Storage or possession for transmitting, propagating, displaying or distributing, subject to the statutory exceptions for reporting or use as evidence in court. | Imprisonment of either description up to three years, or fine, or both. |
| Section 15(3) | Storage or possession for commercial purpose. | First conviction: 3 to 5 years, or fine, or both. Second or subsequent conviction: 5 to 7 years and fine. |
Definition of Child
Section 2(1)(d) of the POCSO Act defines a child as any person below the age of eighteen years. See Section 2 - Definitions and Interpretation.
Relationship between Sections 13, 14 and 15
Section 13 defines the offence of using a child for pornographic purposes. Section 14 provides punishment for that use and additional consequences where specified sexual offences are directly committed in the pornographic acts. Section 15 separately regulates specified storage or possession of pornographic material involving a child.
Official Legal Resources
India Code - Current POCSO Act, 2012 India Code Ministry of Women and Child Development - Publications