POCSO Act Section 14 — Punishment for using child for pornographic purposes
CHAPTER III USING CHILD FOR PORNOGRAPHIC PURPOSES AND PUNISHMENT THEREFOR
Criminal
Punishment
As the section puts it: “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”
Summary
Sub-section (1) states that anyone who uses a child or children for pornographic purposes shall be punished with imprisonment for a term of not less than five years, and shall also be liable to a fine. If the person is convicted a second or subsequent time, the imprisonment shall be for a term of not less than seven years, and they shall also be liable to a fine.
Sub-section (2) states that if a person, while using a child or children for pornographic purposes under sub-section (1), also commits an offence referred to in section 3, section 5, section 7, or section 9 by directly participating in such pornographic acts, they shall be punished for those offences as well, under section 4, section 6, section 8, and section 10 respectively, in addition to the punishment provided in sub-section (1).
Official Text
(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).
Sections referred to
- POCSO Act §3 — Penetrative sexual assault
- POCSO Act §4 — Punishment for penetrative sexual assault
- POCSO Act §5 — Aggravated penetrative sexual assault
- POCSO Act §6 — Punishment for aggravated penetrative sexual assault
- POCSO Act §7 — Sexual assault
- POCSO Act §8 — Punishment for sexual assault
- POCSO Act §9 — Aggravated sexual assault
- POCSO Act §10 — Punishment for aggravated sexual assault
Related Judgments
- JUST RIGHTS FOR CHILDREN ALLIANCE & ANR. vs S. HARISH & ORS — Supreme Court of India (2024)
- RAJESH GAMBHIR vs STATE GNCT OF DELHI AND ANR — Delhi High Court (2025)
- MS. EERA THROUGH DR. MANJULA KRIPPENDORF vs STATE (GOVT. OF NCT OF DELHI) & ANR — Supreme Court of India (2017)
- INDEPENDENT THOUGHT vs UNION OF INDIA & ANR — Supreme Court of India (2017)
