RAM MANOHAR LOHIYA NATIONAL LAW

UNIVERSITY

2018
Final Draft of
Child Pornography

Submitted to:- Submitted by:-

Dr. Amandeep singh Shalini
Asst.professor Section -B
Rmlnlu Roll no.124
Semester
VII

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ACKNOWLEDGMENT:

I would like to express my heartfelt gratitude to my teacher and mentor Dr.

Amandeep Singh (assistant professor), a special thanks to the Vice
Chancellor of Dr. Ram Manohar Lohiya National Law University. I also
greatly acknowledge the help and guidance provided to me by Prof. C.M.
Jariwala (Dean Academics).

Thanks and appreciation to my family members for their constant

support, to the library staff and other members of this institution and lastly to
my friends for their help.

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TABLE OF CONTENTS:

• Introduction
• History
• Meaning
• Pornography and Obscenity
• obscenity as an offence under IPC
• Cyber Pornography
• Indian law regulating Child Pornography
• Conclusion
• Bibliography

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INTRODUCTION
Child pornography is pornography that exploits children for sexual stimulation It may
be produced with the direct involvement or sexual assault of a child (also known as child
sexual abuse images or it may be simulated child pornography. Abuse of the child occurs
during the sexual acts or lascivious exhibitions of genitals or pubic areas which are
recorded in the production of child pornography Child pornography may use a variety of
media, including writings magazines, photos sculpture, drawing, cartoon painting,
animation, sound recording,[ film, video,] and video games.
Laws regarding child pornography generally include sexual images involving
prepubescents, pubescent or post-pubescent minors and computer-generated images that
appear to involve them.[ Most possessors of child pornography who are arrested are
found to possess images of prepubescent children; possessors of pornographic images of
post-pubescent minors are less likely to be prosecuted, even though those images also fall
within the statutes.
Producers of child pornography try to avoid prosecution by distributing their material
across national borders, though this issue is increasingly being addressed with regular
arrests of suspects from a number of countries occurring over the last few years.The
prepubescent pornography is viewed and collected by pedophiles for a variety of
purposes, ranging from private sexual uses, trading with other pedophiles, preparing
children for sexual abuse as part of the process known as "child grooming", or enticement
leading to entrapment for sexual exploitation such as production of new child
pornography or child prostitution. Children themselves also sometimes produce child
pornography on their own initiative or by the coercion of an adult.
Child pornography is illegal and censored in most jurisdictions in the world. Ninety-four
of 187 Interpol member states had laws specifically addressing child pornography as of
2008, though this does not include nations that ban all pornography. Of those 94
countries, 58 criminalized possession of child pornography regardless of intent to
distribute Both distribution and possession are now criminal offenses in almost all
Western countries. A wide movement is working to globalize the criminalization of child
pornography, including major international organizations such as the United Nations and
the European Commission.

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The legality of child pornography is explicitly addressed in 94 of the 187 Interpol
member states as of 2008, according to research performed by the International Centre
for Missing & Exploited Children (ICMEC) Koons Family Institute on International Law
and Policy. Of those 94 countries, 58 criminalized possession of child pornography
regardless of intent to distribute. This figure does not count legislation outlawing all
pornography; figures that also include non-specific bans on all pornography would
therefore be higher if available.
Convictions for possessing child pornography also usually include prison sentences, but
those sentences are often converted to probation for first-time offenders. Some nations
such as Canada and Australia have laws banning cartoon,anime, manga or written child
pornography and others require ISPs (Internet service providers) to monitor internet
traffic to detect it.
The United Nations Optional Protocol on the Rights of the Child requires states to outlaw
the "producing, distributing, disseminating, importing, exporting, offering, selling or
possessing for the above purposes" of child pornography. The Council of Europe's
Cybercrime Convention, the Council of Europe Convention on the Protection of Children
against Sexual Exploitation and Sexual Abuse, and the EU Framework Decision that
became active in 2006 require signatory or member states to criminalize all aspects of
child pornography. Article 34 of the United Nations Convention on the Rights of the
Child (UNCRC) stated that all signatories shall take appropriate measures to prevent the
exploitative use of children in pornographic performances and materials.

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PORNOGRAPHY
“Pornography or porn is the portrayal of explicit sexual subject matter for the purposes
of sexual excitement and erotic satisfaction.”
It may use any of a variety of media, ranging from books, pamphlets, paper, writing,
drawing, painting, representation, figure, film, video, video game etc .

HISTORY OF PORNOGRAPHY
Depictions of a sexual nature are as old as civilization but the concept of pornography as
understood today did not exist until the Victorian era. Nineteenth century legislation
outlawed the publication, retail and trafficking of certain writings and images, regarded
as pornographic, and would order the destruction of shop and warehouse stock, meant for
sale. However, the private possession of and viewing of (some forms of) pornography
was not made an offence until recent times.
When large scale excavations of pomeii were undertaken in the 1860s, much of the erotic
art of the Romans came to light, shocking the Victorians who saw themselves as the
intellectual heirs of the Roman Empire. They did not know what to do with the frank
depictions of sexuality, and endeavored to hide them away from everyone but upper class
scholars. The moveable objects were locked away in the Secret Museum in Naples and
what could not be removed was covered and cordoned off as to not corrupt the
sensibilities of women, children and the working class. Soon after, the world's first law
criminalizing pornography was enacted by the Parliament of the United Kingdom in 1857
in the Obscene Publications Act.

PORNOGRAPHY AND OBSCENITY

The term ‘pornography’ when used in relation to an offence is not defined in any statutes
in India but the term ‘obscenity’ has been effectively explained in two statutes in India,
and these legislations prescribe that ‘obscenity’ in certain circumstances constitutes an
offence. These legislations are
(i) The Indian Penal Code, 1860 (‘IPC’) and
(ii) The Information Technology Act, 2000 (‘IT Act’).

Although neither the IPC nor the IT Act defines what ‘obscenity’ is, section 292 of the
IPC and section 67 of the IT Act, (which corresponds to section 292 of the IPC) explain
‘obscenity’ to mean anything which is lascivious or appeals to the prurient interest or if
its effect is to deprave and corrupt persons. Therefore according to the law in India,
anything that is lascivious or appeals to the prurient interest or if its effect is to deprave
and corrupt persons would be considered to be ‘obscene’.
The Supreme Court has defined obscene as “offensive to modesty or decency; lewd,
filthy, repulsive”.

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Other Indian law that deal with pornography include the ‘Indecent Representation of
Women (Prohibition) Act.

OBSCENITY AS AN OFFENCE UNDER IPC

Section 292 of the IPC comprehensively sets out the circumstances in which ‘obscenity’
and / or any ‘obscene’ material is an offence.
According to section 292,
“(1)For the purpose of subsection(2), a book, pamphlet, paper, writing, drawing,
painting, representation, figure or any other object, shall be deemed to be obscene if it
is lascivious or appeals to the prurient interest or if it’s effect, or (where it comprises
two or more distinct items) the effect of any one of it’s items is taken as a whole, such as
to tend to deprave and corrupt person, who are likely, having regard to all relevant
circumstances, to read, see or hear the matter contained or embodied in it.”
Whoever -
(i) sells, lets to hire, distributes, publicly exhibits or in any manner puts into circulation,
or for purposes of sale, hire, distribution, public exhibition or circulation, makes,
produces or has in his possession any obscene book, pamphlet, paper, drawing, painting,
representation, or figure or any other obscene object whatsoever or

(ii) imports, exports or conveys any obscene object for any of the purposes mentioned in
(i) above, or knowing or having reason to believe that such obscene object will be sole,
let to hire, distributed or publicly exhibited or in any manner out into circulation, or

(iii) takes part in or receives profits from any business in the course of which he knows or
has reason to believe that any such obscene objects are, for any of the

Tamil Nadu – Absolute liability for Indecent matters to blackmail:

After section 292, section 292A was inserted by the state of Tamil Nadu in 1960 vide
Tamil Nadu Act 25 of 1960 in order to impose absolute liability on a person who is found
to have printed any grossly indecent or scurrilous matter or matters intended for
blackmail. Punishment in such a case may extend to two years, or fine or both. And in
case of second or any subsequent offence, the accused shall be punished with a minimum
of six months that may extend to two years. Perhaps it would be appropriate to enact a
similar provision under.
the IPC in order to cover cases where persons are blackmailed by grossly indecent and
scrupulous publications.

In a case from Malaysia; Muhamed Ibrahim v. Public Prosecutor, the court held that to
attract section 292 of Malaysian penal code, which is similar to section 292 IPC
possession of obscene book for the purpose of sale is sufficient.

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The appellant who could not read English had in his possession, copies of the book
TROPIC OF CANCER, which was found under the counter of his shop by police officer
on September 22, 1962. The copies together with others which had been sold were
bought on September 8, 1962. The appellant was charged for having in his possession for
purpose of sale 65 copies of obscene books in contravention of section 292 of penal code
and convicted on October 23, 1962. On November 8, 1962 an order by the minister of the
interior under section 4 of the control of Imported publications Ordinance prohibiting the
importation of the tropic of cancer was published in the government gazette.
On appeal the appellant argued that (1)the book was not obscene ;(2) the appellant was
not in possession of the books for sale and (3) the appellant had no knowledge of the
nature of contents of the books.
The court applying the principles laid down in the landmark Judgement of R. V.
Hickling1, which is the test of obscenity. Dismissing the appeal, accordingly the court
said, as the book is priced at less than 3 Ringit (currency) within the reach of the majority
of the reading public and as it is calculated to convey and instil into the ordinary reader
the impression that casual and frivolous indulgence of the sexual instinct is something of
no importance and nothing more than a joke. The tendency is to deprave and corrupt
those whose minds are open to such
immoral influences and into whose hands it may fall. And on the evidence the inference
was irresistible that the books were for sale.

Obscenity – meaning – to deprave and corrupt public moral:

A careful perusal of the provision of section 292, IPC would reveal that the word
obscenity has not been defined. However, judiciary has attempted to explain the word
obscenity by laying down test to indicate which act under what particular context would
come within the arena of obscenity. Since the Indian law of obscenity contained under
section 292 has been borrowed from English Law, it would be appropriate to examine the
test of obscenity given by Cockburn,C.J. of the house of lords in R. v. HICKLIN 1868 3
QB 360, which is perhaps the earliest case on the subject, is as follows:-
Cockburn CJ. Said “....the test of obscenity is whether the tendency of the matter
charged is to deprave and corrupt those whose minds are open to such immoral influences
and into whose hands a publication of this sort may fall..... It is quite certain that it would
suggest to the minds of the young of either sex, or even to person of more advanced
years, thoughts of a most impure and libidinous character.
In Martin Secker and Warburg2, It was said that ”you will have to consider whether the
author was pursuing an honest purpose and an honest thread of thoughts or whether that
was all just a bit of camouflage.”
The case of Ranjit Udeshi v. State of Maharastra is one of the most important cases
decided by the supreme court of India on this subject. The appellant, one of the four
partners of a firm owning a book stall named ‘happy book stall’ in Bombay was
convicted by the magistrate under section 929, IPC along with the other partners for
being in possession of an obscene book called Lady Chatterley’s Lover which inter alia
contained obscene matter.
The decision of lower court was upheld by the High court and Supreme Court. While
dismissing the appeal, Justice Hidayatullah speaking through the court said:

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“There is no loss to society if there was a message in the book. The divagations with sex
are not a legitimate embroidery but they are the only attractions to the common man.
When everything said in it’s favour we find that in treating with sex the impugned
portions viewed separately and also in the setting of the whole book pass the permissible
limits judged of from our community standards and as there is no social gain to us which
can be said to preponderate, we must hold the book to satisfy the tests we have indicated
above. As regards, the contention of the petitioner that section 292, IPC violate Article
19(i)(a) of the constitution, since it puts restriction on the freedom of speech and
expression, the court said in the negative”.
Justice Hidayatullah further said:
“No doubt article 19 guarantees freedom of speech and expression but it also makes an
exception in favour of existing law which imposes restrictions on the exercise of the right
in the interest of public decency and morality........speaking in terms of the constitution it
can hardly be claimed that obscenity which is offence to modesty or decency is within the
constitutional protection given to free speech or expression, because the article dealing
with the right itself excludes it. That cherished right on which our democracy rests is
ment for expression of free opinion to change political or social condition of for the
advancement of human knowledge. This freedom is subject to reasonable restrictions
which may be thought necessary in the interest of the general public and one such is the
interest of public decency and morality. Section 292,IPC manifestly embodies such a
restriction because the law against obscenity, of course, correctly understood and applied,
seeks no more than to promote public decency”.
In Sarmaresh Bose v. Amal Mitra, the Supreme Court, holding a novel intended to expose
the evils prevailing in the society with emphasis on sex and using slangs and
unconventional languages
not obscene, observed: “A vulgar writing is not necessarily obscene. Vulgarity arouses a
feeling of disgust and revulsion and also boredom but does not have the effect of
depraving, debasing and corrupting the morals of any reader of the novel, whereas
Obscenity is the tendency to deprave and corrupt those whose mind are open to such
immoral things. A novel which is intended to expose the evils of the society cannot be
said to be Obscene merely because slang and unconstitutional language has been
used in the book, in which there has been emphasis on sex and description of female
bodies and there are narrations of feelings, thoughts and action in vulgar languages.
Some portion of the book may appear to be vulgar and readers of cultured or refined
tastes may feel shocked and disgusted. Equally in some portions, the words used and
descriptions given may be not appear in proper taste... The author has written this novel
for all class of readers and it cannot be right to insist that the standard should always be
for the writer to see that the adolescent may not be in brought in contact with sex. If a
reference to sex by itself in any novel is considered to be obscene and not fit to be read
by adolescents; adolescent will not be in a position to read any novel and will have to
read books which are purely religious”.

A film that carries the message of social evil as evil is not indecent and obscene:

In the ccase of Body Art International4, the apex Court while allowing the appeal against
the

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judgement of the Delhi High Court banning the release of ‘Bandit Queen’ for show on
the ground of it’s being ‘indecent’ for public exhibition, held that a film that carries the
message that social evil is evil cannot be made impermissible and banned for public
exhibition on the ground that it depicts the social evil. The scene of nudity, rape and the
use of vulgar words in aid of the theme and intended not to arouse prurient or lascivious
thought but revulsion against the perpetrators and pity for the victim.
The Court further held, “that rape and sex are not being glorified in the film. Quite the
contrary, it shows what a terrible and terrifying effect rape and lust can have upon the
victim. It focuses the trauma and emotional turmoil of the victim to evoke sympathy for
her and disgust for the rapist”.
Certificate granted by Film Censor board does not bar Criminal Court Jurisdiction
to try cases under sections 292, 293, IPC:
The Supreme Court in Raj kapoor v. State (Delhi administration) held that certificate
granted by the censor board under section 6 and 5A of the cinematograph Act, 1952 does
not bar Criminal Courts jurisdiction to try offences under section 292, 293 of the Penal
Code.
A unique pro bono (public welfare) public prosecution was launched by a private
complainant, claiming to be the President of Youth Organisation devoted to defending
Indian cultural standard, inter alia, against the unceasing waves of celluloid anti-culture,
arraigning, together with the theatre owner, the producer, actor, and photographer of a
sensationally captioned and loudly publicised film by the name of ‘Satyam, Sivam,
Sundaram’ under sections 282,283 and 34 IPC for alleged punitive prurience (unhealthy
sex) moral depravity and shocking erosion of public decency.
The court held, “…no doubt-a certificate by a high powered board of censors with
specialised composition and statutory mandate is not a piece of utter inconsequence. It is
relevant material, importance in its impact, though not infallible in its verdict.... The
Court is not barred from trying the case because the certificate under the cinematography
act is issued under the IPC, pro tanto will hang limp. The court will examine the film and
judge whether its public display, in the given time and clime, so braches public morals or
deprave basic decency as to offend the penal provisions

OBSCENITY – PERSONAL VIEWING – IS IT AN OFFENCE?

From a plain reading of Section 292 of the IPC it appears that if a person is in mere
possession of the obscene material for his personal use without any intention to perform
any of the purposes specified in section 292 (as stated above) it may not be an offence
under section 292.
In the case of Jagdish Chavla and others v/s the State of Rajasthan5, the accused was
caught viewing an obscene film on the television with the help of a VCR which along
with the cassette was seized and a case under section 292 of the IPC was registered. The
accused filed a petition in the High Court for quashing of the proceedings and it was held
that, “simply being in possession of a blue film could not make a person guilty under
section 292 unless it was further proved that the purpose of keeping the same was selling
or letting it on hire”. Therefore without proving the purpose of keeping the same no
offence mentioned in section 292 was made out and the proceedings were quashed. The
law therefore excludes from liability (under section 292) the mere possession of

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obscene material for one’s own personal use without any intention to perform any of
the purposes specified in section 292

However, it would be prudent to be aware that a prosecution may lie for mere possession
of obscene material also. It could be argued that a person, even though he is in mere
possession of the obscene material which may be for his own personal use, actually aids
and abets the publication, sale, hire, distribution etc of the obscene material, which is an
offence under section 292. And under section 111 of the IPC, the abettor is held to be
equally guilty of the offence which he has abetted provided it is proved that the offence is
a probable consequence of the abetment.

CYBER PORNOGRAPHY

There is no settled definition of pornography or obscenity around the globe. What is

considered simply sexually explicit but not obscene in USA may well be considered
obscene in India. There have been many attempts to limit the availability of
pornographic content on the Internet by governments and law enforcement bodies all
around the world but with little effect. Pornograph the Internet is available in different
formats. These range from pictures and short animated movies, to sound files and stories.
The Internet also makes it possible to discuss sex, see live sex acts, and arrange sexual
activities from computer screens. Although the Indian Constitution guarantees the
fundamental right of freedom of speech and expression, it has been held that a law
against obscenity is constitutional.

Obscenity on the Internet in India:

Search engines and other Web sites in India are required by law to filter
pornographic content. “The area for circumvention on the internet is so large, and
government interest in prosecution so low, that the country is better off doing away with
the laws”, said an analyst. "It is impractical to monitor pornography on the net," said
Vijay Mukhi, a cyber law consultant in Mumbai. "Rather than try to control all of
pornography on the Internet, the government would be better off focusing on the more
serious issue of child pornography," he added.
Section 67 of India's Information Technology (Amendment) Act, 2008, penalizes
"whoever publishes or transmits or causes to be published or transmitted in the electronic
form" any material "which is lascivious or appeals to the prurient interest," or "contains
(a) sexually explicit act or conduct."

Viewing of online pornography, other than child pornography, is however not an offence
in India, said Pavan Duggal, a cyber law consultant and advocate in India's Supreme
Court.
The amendment Act modified certain provisions in the Information Technology Act of
2000. It removed, for example, the liability of intermediaries, including search engines,
for third-party content, under certain conditions. But there are still sufficient grounds for
any search engine to be penalized for providing access to sexually explicit content,

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Duggal said. The due diligence required by them under the Act requires them to ensure
that contraventions under the Act do not happen, he added.
In India, Microsoft's search engine Bing blocks out pornographic content for local users.
If the user types in terms like "sex", "xxx" or "porn" for a Web site, video or image, the
search engine blocks the search with the message "Your country or region requires a strict
Bing Safe Search setting, which filters out results that might return adult content."
"Our products, including Bing, choose to comply with social norms and country specific
laws governing adult content in the countries we operate in," a Microsoft India
spokeswoman said in an e-mail. However a Net-savvy user has only to change the
country on the menu at the right hand corner of the Bing screen to the U.S. or many other
countries, and he has access to unfiltered pornographic content."By not allowing people
of India to access content that is illegal, these measures could qualify as due diligence
under the IT Act," Duggal said. If the user deliberately circumvents and enters his country
as the U.S., it is not the fault of the search engine, he added. Yahoo has also blocked out
adult content for several years. Users in India on its local site www.yahoo.co.in cannot
change their settings to other than safe search. Yahoo has had safe search filters, designed
to limit certain adult or sexual content, activated in specific markets for a number a years,
a Yahoo spokeswoman said in an e-mail. "In India we have activated safe search filters to
meet our obligations under the local law and to ourusers," she added. Indian users can
however access links to pornographic sites and related images on the main Yahoo site
www.yahoo.com. Google does not by default screen pornographic text or images in India,
as do Yahoo and Bing. It however offers users a Safe Search Filtering option to modify
the settings to moderately or strictly filter search results. Google believes that its policy
on safe search filters on its Indian site www.google.co.in is in compliance with local
laws, and additionally, it does give users the ability to lock in Safe Search. In the
inadvertent event that some offensive content does appear, then any user can report it, and
the appropriate support teams will take prompt and effective action in accordance with
applicable policies, it added. By providing options to users to modify their setting to view
adult content, Google may not be complying strictly with the IT Act, according to
Duggal. Even as the search engines work out their own interpretations on how to comply
with the law on online pornography, the Indian government is not taking a very serious
note of pornographic web sites.
Indian enforcement agencies tend to focus more on real-world crimes like murder, rape
and kidnapping, than online obscenity, which is seen more as a form of deviant
entertainment than as a serious criminal offense. Curbing online pornographic
entertainment is very low down on the list of priorities of the police.
Duggal estimated that there have been only two convictions in the country under Section
67 of the IT Act. In one case a jilted male lover was convicted for circulating morphed
images of a girl, while in the other case an individual was convicted for online obscenity.
The government can also instruct Internet service providers in the country to block
pornographic Web sites. Except for one high-profile blocking of a cartoon pornographic
Web site last year, there aren't any known other instances of obstructed access to
pornographic sites.

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In an order dated 27th of February 2003, the central Government has laid down the
procedure for blocking of pornographic websites. The Computer Emergency Team-
India (CERT- IND) has been appointed as the sole authority for issue of instructions in
the context of blocking of websites. CERT – IND, after verifying the authenticity of the
complaint and after satisfying that action of blocking of the website is absolutely
essential, has been empowered to instinct Department of Telecommunications (DOT) to
block the website. DOT, under whose control the Internet Server Providers (ISPs) are
functioning will ensure the blocking of Websites and inform CERT- IND accordingly.
The IT Act represents an indirect attempt by India's government to impose restrictions on
the freedom of speech and privacy on the Internet.
As it reflects the prevailing political culture, the IT Act embodies the view that the
Internet is something that can and must be regulated before it gets out of control. Section
67 of the IT Act is designed to deter publication and transmission of obscene information
in electronic form. Just like the U.S. COPA equivalent, this section departs from the test
enunciated by the U.S. Supreme Court. Under Section 67,
"any material which is lascivious or appeals to the prurient interest or tend to deprave
and corrupt persons who are likely . . . to read, see or hear the matter (is considered
obscene)…."
The section imposes dual punishment on offenders, including a fine and imprisonment up
to a maximum term of ten years. Through the IT Act's passage, India's legislature ignored
the "lewd, filthy and repulsive" and "preponderating social purpose" tests associated with
earlier attempts at regulation. Section 67 retains only the "tendency to deprave and
corrupt" test. It introduces two new standards, "lascivious" and "appealing to prurient
interest," similar to COPA's introduction of new standards in the United States. These
new standards even bear resemblance to COPA's provisions. In addition, Section 67
appears to be as vague as COPA

The section imposes dual punishment on offenders, including a fine and imprisonment up
to a maximum term of ten years. Through the IT Act's passage, India's legislature ignored
the "lewd, filthy and repulsive" and "preponderating social purpose" tests associated with
earlier attempts at regulation. Section 67 retains only the "tendency to deprave and
corrupt" test. It introduces two new standards, "lascivious" and "appealing to prurient
interest," similar to COPA's introduction of new standards in the United States. These
new standards even bear resemblance to COPA's provisions. In addition, Section 67
appears to be as vague as COPA

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yet remains unchallenged, reflecting the emergence of a new regulatory standard for
Internet speech in India. India's courts have thus far been left out of the debate on the
freedom of speech on the Internet. Consequently, India's regulators have had a seemingly
free ride in their attempts to regulate the Internet.
The apparent reasons for this could be summarized as follows:
(1) The arbitrary blocking of websites (such as that of Shellshock and Dawn) lasted only
temporarily and, therefore, eluded necessary testing by India's courts;
(2) The blocking of Internet telephony sites did not constitute actionable harm for either
the owners or their attempted users, as the majority non-Indian owners could not seek
redress in India's courts, and standard VSNL user contracts explicitly prevented account
users telephony and fax applications;
(3) The IT Act's infancy necessarily means India's courts have not had an opportunity to
scrutinize it; and
(4) India's Civil liberties organizations are not well equipped to handle constitutional
issues related to freedom of speech on the Internet.

Punishments prescribed under the Acts for Obscenity:

The punishment for an offence under Section 292 of the IPC is on first conviction with
imprisonment (simple or rigorous) for a term which may extend to two years, and with
fine which may extend to two thousand rupees, and in the event of a second or
subsequent convictions, with imprisonment (simple or rigorous) for a term which may
extend to five years, and also with fine which may extend to five thousand rupees.
The punishment for an offence under Section 67 of the IT Act is on first conviction with
imprisonment (simple or rigorous) for a term which may extend to five years, and with
fine which may extend to one lakh rupees, and in the event of a second or subsequent
convictions, with imprisonment (simple or rigorous) for a term which may extend to ten
years, and also with fine which may extend to two lakh rupees.

INDIAN LAW REGULATING CHILD PORNOGRAPHY

The Indian Penal Code, 1860 section 293 specifies, in clear terms, the law against Sale etc. of
obscene objects to minors. As per the IPC, whosoever sells, lets to hire, distributes, exhibits
or circulates to any person under the age of twenty years any such obscene object, as is
referred to in IPC Section 292, or offers of attempts so to do, shall be punished with
imprisonment for a term which may extend to three years, and which fine which may extend
to two thousand rupees, and, in the event of a second or subsequent conviction, with
imprisonment of either description for a term which may extend to seven years, and also with
fine which may extend to five thousand rupees.
It also states that it is a cognizable offence and the Magistrate is empowered to try any such
case. For the purposes of sub-section (2), a book, pamphlet, paper, writing, drawing, painting
representation, figure or any other object, shall be deemed to be obscene if it is lascivious or
appeals to the prurient interest or if its effect, or (where it comprises two or more distinct
items) the effect of any one of its items, is, if taken as a whole, such as to tend to deprave and
corrupt persons who are likely, having regard to all relevant circumstances,

14
to read, see or hear the matter contained or embodied in it shall be punished with
imprisonment, for the first instance, of either description for a term which may extend to two
years, and with fine which may extend to two thousand rupees, and, in the event of a second
or subsequent conviction, with imprisonment of either description for a term which may
extend to five years, and also with fine which may extend to five thousand rupees.
Many of the recent incidents forced the Justice Mallimath Committee on Criminal Reforms
to rethink about the law, and they have introduced an amendment to the act, which punishes
the child pornography in itself.

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These incidents are:
(1)Through internet chat room a man representing himself as 15 years girl before a 16
years old boy from 2002 to 2004 when the fact was that he was of 30 years age and a
man. That boy ran away to his girl friend at Mumbai from Kolkata. Thereafter, 30 years
old man (girl friend) sexually abused the victim, stole money from him and beat him up.
(2)One young Bengali model named Sonal Singh was arrested from Gujarat for
distributing her pornographic images in chat-room and internet on November 2005. She
was permanent resident of Srirampur, West Bengal.
(3)Air force Bal Bharati School, Delhi; class(XII) student created pornographic site as
revenge against his classmates (girls) and posted pornographic images of his classmates
and lady teachers in internet. He was then suspended by school and arrested by Police
under IPC and IT Act; though Juvenile Court allowed his bail thereafter.
(4)In Delhi the CBI has arrested Director of a private Company on the charge of sending
threatening and obscene e-mails to a woman and for posting her objectionable
photographs on websites. He was remanded in police custody and produced before the
Tis –Hazari Court on 16th March 2005 and then was remanded in judicial custody. This
case was registered by Cyber Crime Investigation Cell (CCIC) of CBI under section 67 of
the IT Act, 2000 and IPC on 9th March 2005.
As Indian Information technology law does specify any specific punishment in regards
with these crimes. So every time this crimes predator escapes somehow. So it is high time
when we have to introduce some strict law in this relation.

CONCLUSION
It would be foolish to think the Internet can be free of all illegal materials. Part of what
makes the Internet valuable is the vast amount of information that is available to us.
Information that may have gone undiscovered or unnoticed without it. Technologic
advancements are bringing to the world newly integrated messaging systems, more
development of E-commerce, business television; high speed digital internet access,
better GroupWare tools and the development of new multimedia technologies. All of
these tools and advancements are in part or solely due to the Internet. With so much more
to offer us, why would we want to regulate the Internet and ‘possibly’ stunt its growth.
Regulation may initially stifle the Internet's growth, but it will grow and prosper with or
without regulations. Besides, so many other aspects of our daily lives are regulated;
money, banks, interest rates, business, schools, water, phones, electricity, land, and even
airspace. Why should the Internet be any different? There is a fear that if we begin to
regulate the Internet, we will be destroying it at the same time. There are arguments that
the Internet is inherently chaotic and that is what makes it, what it is. But as the Internet
grows and it's technological wonder, so do all of the bad things that come with it.
Perverts are moving from the playground to the Internet and they are making their way
into everyone's lives. While the Internet Industry provides parents with filtering systems
like CyberWatch, Netnanny, and Cybernanny, the only thing these systems have
accomplished is helping people avert their eyes away from the real problem.
What some people view as pornography, others view as quite normal. Nevertheless, there
has to be some consensus of what is child pornography, and we need to come up with a

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way to stop the exchange of such materials on the Internet. Germany has, to this point,
taken the greatest strides in doing so. By holding the Internet providers responsible for
the information,
they allow their subscribers to exchange information free from illegal or elicit images.
Holding ISP's liable to laws, there will be a huge decrease of the availability of child
pornography on the Internet. The European Union and its member states also need a
greater number of specialized police forces to deal with child pornography. Few countries
have them; the UK and Germany are the exception to the rule. Not enough is being done
for these children. There is a fine line between protecting the interests of children with
the interests of the world. We need to recognize that while the Internet is capable of
providing a place for the exchange of illegal and harmful material, it is has become an
essential tool in our day to day lives. It is a tool whose purpose is to facilitate ideas, the
exchange of knowledge, and the freedom to fly across the world in the blink of an eye
should not become a reason for ruins of our future generations and at the cost of
exploitation of our Children. Above all what ails the present scenario in India is lack of
awareness regarding the background of porn industry (mostly in rural areas). Proper
advocacy groups and awareness needs to be disseminated among the people as a part of
government policy, with deeper penetration into India.

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BIBLIOGRAPHY

 https://en.wikipedia.org/wiki/Legality_of_child_pornography

 https://legal-dictionary.thefreedictionary.com/Child+Pornography

 https://slate.com/news-and-politics/2013/04/child-pornography-
viewers-how-dangerous-are-they.html

BIBLIOGRAPHY
 Criminal Law – K.D Gaur

 Criminal law – P.S.A. Pillai

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 Criminal law – Ratanlal and Dherajlal

 Indian Penal Code, #%$^

 timesofindia.indiatimes.com

 Britannica Encyclopaedia

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