Section 15 of THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, 2012
Original Text
15. Punishment for storage of pornographic material involving child.
(1) Any person, who stores or possesses pornographic material in any form involving a child, but fails to delete or destroy or report the same to the designated authority, as may be prescribed, with an intention to share or transmit child pornography, shall be liable to fine not less than five thousand rupees and in the event of second or subsequent offence, with fine which shall not be less than ten thousand rupees.
(2) Any person, who stores or possesses pornographic material in any form involving a child for transmitting or propagating or displaying or distributing in any manner at any time except for the purpose of reporting, as may be prescribed, or for use as evidence in court, shall be punished with imprisonment of either description which may extend to three years, or with fine, or with both.
(3) Any person, who stores or possesses pornographic material in any form involving a child for commercial purpose shall be punished on the first conviction with imprisonment of either description which shall not be less than three years which may extend to five years, or with fine, or with both and in the event of second or subsequent conviction, with imprisonment of either description which shall not be less than five years which may extend to seven years and shall also be liable to fine.
Visual Summary
Failure to Delete
Possession with intent to share, but failing to delete/report.
Intent to Distribute
Storage for transmitting, displaying, or propagating.
Commercial Purpose
Storage specifically for commercial gain/sale.
Summary
Section 15 of the POCSO Act addresses the digital aspect of child sexual abuse: the storage and possession of pornographic material involving children. This section was significantly amended in 2019 to create a graded structure of liability based on the intent of the offender.
The law mandates that anyone who comes into possession of such material must delete, destroy, or report it. Failing to do so, while harboring an intention to share it, attracts a monetary fine. However, the law treats active distribution and commercial exploitation much more severely. If a person stores the material specifically to distribute it, they face imprisonment. If the storage is for commercial purposes (selling or trading), the punishment is even harsher, with a minimum mandatory sentence.
Exception: The section explicitly protects individuals who possess such material solely for the purpose of reporting it to authorities or for use as evidence in court proceedings.
Key Takeaways
- ✔Mandatory Deletion/Reporting: Mere possession can be an offence if one fails to delete or report it while intending to share it.
- ✔Graded Punishment: The severity of punishment escalates from a fine (for failure to delete) to imprisonment (for distribution) to rigorous imprisonment (for commercial use).
- ✔Legal Exception: Possession is not a crime if it is strictly for the purpose of reporting the offence or providing evidence in court.
- ✔Commercial Severity: Second convictions for commercial storage attract a minimum of 5 years imprisonment.
Process Flowchart
Practice Questions
1. What is the punishment for a first conviction of storing child pornography for commercial purposes?
2. Under Section 15(1), what is the minimum fine for a second offence of failing to delete/report material with intent to share?
3. Is storage of pornographic material for the purpose of reporting it to the police punishable under this section?
Related Provisions
Conclusion
Section 15 of the POCSO Act serves as a critical deterrent against the digital proliferation of child sexual abuse material (CSAM). By penalizing not just the creation, but the storage, possession, and failure to report such material, the Act aims to break the chain of distribution. The 2019 amendments have strengthened this provision by clearly distinguishing between passive possession with intent to share and active commercial exploitation, ensuring that punishments are proportionate to the harm caused and the intent of the offender.