Section 14 of THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, 2012
Original Text
14. Punishment for using child for pornographic purposes.
(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).
Visual Summary
First Conviction
Min 5 Years
+ Fine
Subsequent Conviction
Min 7 Years
+ Fine
Cumulative Punishment
Pornography + Assault
If sexual assault occurs during filming, both sentences apply.
Summary
Section 14 prescribes the punishment for the offence defined in Section 13 (Using a child for pornographic purposes). This section was significantly strengthened by the 2019 Amendment to the POCSO Act to ensure stricter penalties for those involved in the production of child sexual abuse material (CSAM).
Sub-section (1) establishes a mandatory minimum sentence. If a person uses a child for pornographic purposes, they face a minimum of 5 years in prison for the first offense. If they are caught doing it again (second or subsequent conviction), the minimum sentence increases to 7 years.
Sub-section (2) addresses situations where the creation of pornography involves actual sexual assault. If the offender, while using the child for pornography, also commits Penetrative Sexual Assault (Sec 3/5) or Sexual Assault (Sec 7/9), they will be punished for BOTH crimes. The law explicitly states that the punishment for the assault is in addition to the punishment for making the pornography. This prevents an offender from escaping liability for one crime simply because it was part of another.
Key Takeaways
- ✓Mandatory Minimums: The court cannot award a sentence of less than 5 years for a first-time offender.
- ✓Recidivism Penalty: Repeat offenders face a harsher minimum sentence of 7 years.
- ✓Dual Liability: Creating pornography does not absorb the crime of sexual assault. If a child is raped during filming, the accused faces separate sentences for the rape (Sec 4/6) and the pornography production (Sec 14).
- ✓Scope: This section applies to the person “using” the child (production/creation), distinguishing it from Section 15 which deals with storage and possession.
Process Flowchart
Practice Questions
Q1. What is the minimum imprisonment term for a first-time conviction under Section 14(1)?
Q2. If an offender commits penetrative sexual assault while using a child for pornographic purposes, how are they punished?
Q3. Does the punishment increase for a second conviction under Section 14?
Related Provisions
Conclusion
Section 14 acts as a severe deterrent against the commercial or personal exploitation of children in pornography. By separating the act of “using” a child for pornography from the act of sexual assault, the legislature has ensured that offenders cannot merge these heinous crimes into a single charge to escape liability. The 2019 amendment reflects the state’s zero-tolerance policy towards the production of child sexual abuse material.