POCSO Act and Online Sexual Exploitation

The Protection of Children from Sexual Offences Act, 2012, or POCSO Act, protects every person below 18 years from sexual assault, sexual harassment and use for pornography. Its technology-neutral provisions cover specified conduct committed through the internet, social media, messaging services and other electronic or digital means.

Digital conduct covered

POCSO applies where online conduct satisfies the ingredients of sexual harassment or pornographic exploitation.

• Under Section 11, sexual harassment includes repeatedly contacting a child through electronic or digital means with sexual intent, showing pornography, and threatening to circulate a real or fabricated sexual depiction of the child.
• Sections 13-14 criminalise using a child in any form of media, including the internet or another electronic form, for pornographic purposes.
• Section 15 penalises specified forms of storage or possession of pornographic material involving a child, including where it is intended for transmission, distribution, display or commercial use.
• The statutory definition covers photographs, videos and certain digital or computer-generated images depicting sexually explicit conduct involving a child.

Reporting and intervention

The Act seeks early detection by imposing reporting duties and enabling information about online material to reach law-enforcement authorities.

• Under Section 19, any person who apprehends or knows of a POCSO offence must inform the Special Juvenile Police Unit or local police.
• The POCSO Rules, 2020 permit pornographic material involving a child, or information about its circulation or storage, to be reported to the police or the designated cybercrime portal.
• Failure to report or record an offence is punishable under Section 21, subject to the Act's protections for children.

Child-centred enforcement and legal interface

Investigation and trial must follow child-friendly procedures, including sensitive statement recording, protection from the accused, confidentiality of identity and an in-camera trial before a Special Court. POCSO establishes criminal liability for the underlying exploitation; intermediary due diligence, access restriction and removal of unlawful online content are additionally governed by the Information Technology Act, 2000 and rules made under it.