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When a person uses a child in any form of media (print, video, images etc) that could be used for sexual pleasure of the person using the content; the person will be held liable for child pornography1. The media can be used for both public and personal use, it is still a crime. Examples of using a child in pornography can include:
- Representation of sexual organs of a child.
- Using a child for real or fake sexual acts. The act of penetration is not necessary for it to be an offence.
- Indecent or obscene representation of the child.
It is not necessary that the child has to be used only for the above activities. It is child pornography even if someone uses a child in making porn in any other way. For example, if a person is involved in editing, selling or distributing or any other activity related to child porn, then it would amount to child pornography.2
The punishments3 for child pornography vary according to the extent of the involvement of the child and the nature of the crime. The jail time for various offences under child pornography is between 7 years to life imprisonment along with a fine.0
- Section 13, The Protection of Children from Sexual Offences Act, 2012.
- Explanation to Section 13, The Protection of Children from Sexual Offences Act, 2012.
- Section 14, The Protection of Children from Sexual Offences Act, 2012.