POCSO Act Section 15 — Punishment for storage of pornographic material involving child
CHAPTER III USING CHILD FOR PORNOGRAPHIC PURPOSES AND PUNISHMENT THEREFOR
Criminal
Punishment
Fine not less than ₹10,000
As the section puts it: “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”
Summary
Sub-section (1) covers a person who stores or possesses pornographic material involving a child in any form, but fails to delete, destroy, or report it to the designated authority as prescribed, and does so with the intention to share or transmit the child pornography. Such a person is liable to a fine of not less than five thousand rupees, and for a second or subsequent offence, a fine of not less than ten thousand rupees.
Sub-section (2) covers a person who stores or possesses pornographic material involving a child in any form for the purpose of transmitting, propagating, displaying, or distributing it in any manner at any time, except when done for the purpose of reporting as prescribed, or for use as evidence in court. Such a person is punished with imprisonment of either description which may extend to three years, or with fine, or with both.
Sub-section (3) covers a person who stores or possesses pornographic material involving a child in any form for a commercial purpose. On the first conviction, the punishment is imprisonment of either description which shall not be less than three years and may extend to five years, or with fine, or with both. On a second or subsequent conviction, the punishment is imprisonment of either description which shall not be less than five years and may extend to seven years, and the person shall also be liable to fine.
Official Text
(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.
