Section 13 of THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, 2012
Original Text
13. Use of child for pornographic purposes.—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.
Visual Summary
Any Media Form
Includes TV, Internet, Print, or any electronic form. Applies regardless of whether it is for personal use or mass distribution.
Sexual Gratification
The core intent must be sexual gratification, achieved through representation of organs, simulated acts, or obscenity.
Definition of “Use”
Broadly covers preparation, production, offering, transmitting, publishing, and facilitating distribution.
Summary
Section 13 of the POCSO Act defines the offence of using a child for pornographic purposes. This section is crucial as it addresses the exploitation of children in the creation of sexually explicit material.
The law is extremely comprehensive regarding the medium; it does not matter if the content is on the internet, television, or in print. Furthermore, the law closes a common loophole by stating that the offence is committed whether the material is intended for personal use or for distribution.
The section specifies three key scenarios that constitute this offence:
- Showing a child’s sexual organs.
- Using a child in real or simulated sexual acts (penetration is not required).
- Any indecent or obscene representation of a child.
The Explanation attached to the section widens the net of liability. “Using a child” isn’t just about filming; it includes the entire supply chain: preparing, producing, transmitting, publishing, or even facilitating the distribution of such material.
Key Takeaways
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Media Neutrality: The law applies to all forms of media—digital, print, or broadcast.
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Personal Use is No Defence: Creating pornographic material involving a child is a crime even if the offender claims it was only for their own viewing and not for sale.
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Simulated Acts Covered: The child does not need to engage in actual intercourse; simulated acts or mere representation of organs for gratification is sufficient for conviction.
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Broad Scope of “Use”: Liability extends to anyone involved in the production chain, including those who facilitate or transmit the material.
Process Flowchart
Practice Questions
1. Does Section 13 apply if the pornographic material was created solely for the creator’s personal viewing?
2. Is actual penetration required for an act to be considered an offence under Section 13?
3. Does the definition of “use a child” include the distribution of the material?
Related Provisions
- Section 14: Punishment for using child for pornographic purposes – Defines the penalties for the offence described in Section 13.
- Section 15: Punishment for storage of pornographic material involving child – Deals with possession and storage rather than creation/use.
- Section 11: Sexual Harassment – Includes showing pornographic material to a child.
Conclusion
Section 13 of the POCSO Act, 2012, serves as the foundational definition for child pornography offences within the Act. By defining the “use” of a child broadly and remaining media-neutral, the legislature ensured that the law remains relevant despite rapid technological advancements. It targets the intent of sexual gratification and penalizes the entire ecosystem of child pornography production and distribution, ensuring robust protection for children against exploitation in digital and physical media.