Child pornography is publishing and transmitting obscene material of children in electronic form. In recent years child pornography has increased due to the easy access of the internet, & easily available videos on the internet.
Child pornography is the most heinous crime which occurs and has led to various other crimes such as sex tourism, sexual abuse of the child etc.
Child pornography is a crime in India. Information Technology Act, 2000 & Indian Penal Code, 1860 provides protection from child pornography. Child is the person who is below the age of 18 years.
According to the new (amended) Information Technology Bill Section 67 has been amended ——- that the not only creating & transmitting obscene material in electronic form but also to browse such sites is an offence.
Punishment for first conviction with imprisonment which may extend to 3 years & fine which may extend to 5 lakhs rupees.
And for subsequent offence imprisonment which may extend to 5 years & fine which may extend to 10 lakhs rupees.
Whereas Sections 67 B gives punishment to the offender for publishing or transmitting of material depicting child in a sexually explicit act in electronic form, then offender shall be punished with punishment first offence : imprisonment— 5 years & fine —– 10 lakhs rupees, Subsequent offence — imprisonment— 7 years & fine —– 10 lakhs rupees.
Section 292 of the Indian Penal Code, 1860 does not per se deal with obscenity online.
This difficulty was solved by the insertion of Section 29 A which included electronic documents also within the purview of documents thus making the law applicable to electronic media as well. But then in IPC section 35 speaks about the intention or motive of the transmitters, which makes difficult to prove in such cases.
INDIAN LAW REGULATING CHILD PORN : In our opinion to control child pornography in India we should completely ban porn sites. This stringent action can solve the problem to a larger extent. This would give us time to think and plan some new ways to eradicate child pornography from India.