Under the Information Technology Act, 2000, child pornography is addressed explicitly through Section 67B, which prohibits:
- Publishing or transmitting material depicting children in sexually explicit acts.
- Creating, collecting, seeking, browsing, downloading, advertising, promoting, exchanging, or distributing such content electronically.
- Engaging a child (under 18 years) in sexually explicit acts, or making them watch such acts online.
The Act classifies such activities as serious cyber offences due to the extreme harm they inflict on children’s safety, dignity, and development.
Punishments under Section 67B of IT Act, 2000
- First Conviction:
- Imprisonment up to 5 years
- Fine up to ₹10 lakh
- Subsequent Convictions:
- Imprisonment up to 7 years
- Fine, which may be more than ₹10 lakh
This section applies not only to the person creating or uploading the content but also to anyone who views, downloads, or shares such material, even via private messaging apps or emails.
Key Provisions of Section 67B
- Criminalizes online child sexual abuse material (CSAM).
- Makes mere possession or viewing of such content illegal.
- Protects children from being used in digital content or lured into sexually explicit conduct.
- Covers AI-generated or morphed content involving children.
Additional Legal Support
Although the IT Act forms the cyber law foundation, child pornography is also punishable under:
- POCSO Act, 2012 (Protection of Children from Sexual Offences)
- Indian Penal Code (IPC): Sections related to obscenity, exploitation, and trafficking.
These laws ensure stricter punishments for:
- Producing or distributing pornographic material involving minors.
- Forcing or luring children into explicit video creation.
Why It’s Treated as a Severe Offence
- Violates the bodily integrity and dignity of a child.
- Often linked to child trafficking and organized criminal activities.
- Causes lifelong trauma to victims.
- Contributes to the demand for exploitative content.
Child pornography is a grave criminal offence under Section 67B of the IT Act, 2000, carrying strict punishments for all forms of involvement—whether active or passive. The law emphasizes zero tolerance and aims to protect minors in all digital spaces.
