The Protection of Children from Sexual Offences (POCSO) Act, 2012 Notes
| Q. No. | Question |
|---|---|
| 1 | What are the salient features of POCSO Act, 2012? |
| 2 | Definitions under POCSO Act, 2012 |
| 3 | What is Penetrative Sexual Assault under the POCSO Act, and what are the punishments? |
| 4 | Discuss the punishment for using a child for pornographic purposes under POCSO Act. |
| 5 | What is the punishment for storage of pornographic material involving a child? |
| 6 | Discuss the provisions related to abetment of an offence. |
| 7 | Explain the procedure for reporting offenses under the POCSO Act. |
| 8 | Discuss the procedure for recording the statement of a child under POCSO Act. |
| 9 | Explain the powers and procedure of Special Courts in the POCSO Act. |
| 10 | Discuss the provisions for assistance to children with disabilities in Special Courts under the POCSO Act. |
| 11 | What are the provisions for handling false complaints? |
| 12 | Discuss the provisions related to media reporting and the protection of the identity of the child. |
5. What is the punishment for storage of pornographic material involving a child?
- Legal Provision: Section 15 addresses the illegal storage of child pornography for commercial purposes.
- Liability: A person who stores child pornography material is liable for punishment under this section.
- Definition of Storage: Storage involves keeping child pornography for future distribution or personal use.
- First-Time Offenders: First-time offenders may face imprisonment for 3 to 5 years and a fine.
- Repeat Offenders: Repeat offenders face harsher punishments with imprisonment up to 7 years.
- Intent to Transmit: Individuals who store child pornography with the intent to transmit it face imprisonment.
- Personal Use: The storage of material for personal use, without distribution, is also punishable.
- Use of Fine: The fine is intended for the rehabilitation of the child victims.
- Failure to Report: Those who store child pornography and fail to report it face fines up to ₹10,000.
- Commercial Purposes: Storage for commercial purposes is treated as a severe offense.
- Aiding Storage or Transmission: It is also punishable for those who aid in the storage or transmission of such material.
- Deletion or Destruction: Special measures are taken to ensure that the material is deleted or destroyed when reported.
- Case Law – State v. Harish Sharma (2018): Emphasized life sentences for those involved in storing and distributing child pornography.
