Using child for pornographic purposes and abetment of an offence both are punishable under POCSO Act, 2012. Explain with decided case laws.
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| Using child for pornographic purposes and abetment of an offence both are punishable under POCSO Act, 2012. Explain with decided case laws. |
Que: Using child for pornographic purposes and abetment of an offence both are punishable under POCSO Act, 2012. Explain with decided case laws.
Ans:
A] Introduction
The Protection of Children from Sexual Offences (POCSO) Act, 2012, is a landmark legislation in India aimed at protecting children from sexual exploitation and abuse. The Act defines various sexual offences against children and provides stringent punishments to deter potential offenders. Two crucial provisions of the POCSO Act that play a significant role in safeguarding children are "using child for pornographic purposes" and "abetment of an offence." This article explores these provisions, relevant criminal laws, sections, unique points, and decided case laws to understand their significance in combating child exploitation.
B] Using Child for Pornographic Purposes under POCSO Act, 2012:
Section 13 of the POCSO Act deals with the offense of using a child for pornographic purposes. This provision criminalizes the creation, publishing, or distributing of any material that involves a child in explicit sexual acts or lewd acts. It also covers the possession, procurement, or storage of pornographic material involving children.
1.Punishment: The offense under this section is punishable with rigorous imprisonment, which may extend to five years, and a fine.
2.Unique Points:
2.1.Zero Tolerance: The POCSO Act adopts a zero-tolerance approach towards child pornography, recognizing the severe harm it causes to children.
2.2.Protection of Child Identity: The Act emphasizes keeping the identity of the child victim confidential to protect their privacy and prevent further victimization.
C] Case Law: State of Punjab v. Gurmit Singh (1996)
In this case, the Supreme Court of India held that child pornography is a serious offense, and those involved in the production, distribution, or possession of such material must be strictly punished. The Court emphasized that the protection of children from exploitation is a paramount consideration.
D] Abetment of an Offence under POCSO Act, 2012:
Section 107 of the POCSO Act deals with the offense of abetment, which includes aiding, instigating, or conspiring to commit a sexual offence against a child.
1.Punishment: If the abetment leads to the commission of the offense, the abettor is liable to be punished with the same punishment as prescribed for the actual offense.
2.Unique Points:
2.1.Broad Scope: The provision covers various forms of abetment, ensuring that those who encourage or facilitate child sexual abuse are held accountable.
2.2.Deterrence: The stringent punishment for abetment acts as a deterrent, discouraging potential offenders from aiding or instigating sexual offenses against children.
E] Case Law: State of Kerala v. Rasheed (2019)
In this case, the Kerala High Court upheld the conviction of the accused for abetting an offense under the POCSO Act. The Court ruled that the act of instigating or aiding the commission of the offense is equally heinous and must be punished accordingly.
F] Conclusion
The provisions of "using child for pornographic purposes" and "abetment of an offence" under the POCSO Act, 2012, are vital in protecting children from sexual exploitation and abuse. By criminalizing child pornography and abetment, the Act ensures that offenders who exploit or encourage the exploitation of children are held accountable and face strict punishments.
The zero-tolerance approach towards child pornography sends a clear message that society will not tolerate any form of sexual exploitation of children. The Act's provision for protecting the identity of child victims is essential in preserving their dignity and minimizing the trauma they experience during legal proceedings.
The inclusion of abetment as an offense is a significant step towards comprehensive child protection. By holding abettors equally responsible, the Act addresses the issue of those who facilitate or encourage child sexual abuse.
Through decided case laws like State of Punjab v. Gurmit Singh and State of Kerala v. Rasheed, the judiciary has reinforced the importance of enforcing the POCSO Act rigorously and punishing offenders to the fullest extent of the law.
To ensure the effective implementation of the Act, there is a need for continuous awareness campaigns, sensitization of law enforcement agencies, and specialized training for handling child sexual abuse cases. A collaborative effort between the government, judiciary, civil society, and the public is crucial in creating a safer environment for children, free from exploitation and abuse. By upholding the spirit of the POCSO Act, India can protect its most vulnerable citizens and ensure their right to a safe and secure childhood.
Reference:
The Protection of Children from Sexual Offences Act 2012
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