Section 13 POCSO: Use of child for pornographic purposes

Protection of Children from Sexual Offences Act, 2012

Section 13 POCSO at a Glance

Section 13 POCSO defines the offence of using a child for pornographic purposes. It covers using a child in any print, television, internet, or electronic media for sexual gratification, whether for personal use or distribution.

Section 13 POCSO Bare Act Text

13. Use of child for pornographic purposes.

Whoever, uses a child in any form of media (including programme or advertisement telecast by television channels or internet or any other electronic form or printed form, whether or not such programme or advertisement is intended for personal use or for distribution), for the purposes of sexual gratification, which includes—

(a) representation of the sexual organs of a child;

(b) usage of a child engaged in real or simulated sexual acts (with or without penetration);

(c) the indecent or obscene representation of a child,

shall be guilty of the offence of using a child for pornographic purposes.

Explanation.—For the purposes of this section, the expression ''use a child'' shall include involving a child through any medium like print, electronic, computer or any other technology for preparation, production, offering, transmitting, publishing, facilitation and distribution of the pornographic material.

Section 13 POCSO in Simple Words

Section 13 POCSO defines when a person is guilty of the offence of using a child for pornographic purposes. The offence is committed by anyone who uses a child in any form of media for the purposes of sexual gratification. The media covered includes any programme or advertisement telecast by television channels, the internet, any other electronic form, or printed form, whether or not the programme or advertisement is intended for personal use or for distribution. Section 13 POCSO defines the offence, while Section 14 POCSO sets out the punishment.

Clauses (a), (b), and (c) of Section 13 POCSO specify that using a child for sexual gratification includes three categories: (a) representation of the sexual organs of a child, (b) usage of a child engaged in real or simulated sexual acts (with or without penetration), and (c) the indecent or obscene representation of a child.

The Explanation to Section 13 POCSO clarifies the expression 'use a child'. It includes involving a child through any medium such as print, electronic, computer, or any other technology for the preparation, production, offering, transmitting, publishing, facilitation, and distribution of the pornographic material.

When Section 13 POCSO Applies

  • The person uses a child, meaning a person below the age of 18 years under Section 2(1)(d) POCSO.
  • The child is used in any form of media, including television, internet, electronic form, print, or computer technology, whether intended for personal use or for distribution.
  • The use is for the purposes of sexual gratification.
  • The use includes representation of the sexual organs of a child, usage of a child in real or simulated sexual acts (with or without penetration), or indecent or obscene representation of a child.
  • Under the Explanation, 'use a child' includes involving a child through any medium for preparation, production, offering, transmitting, publishing, facilitation, and distribution of the pornographic material.

Example of Section 13 POCSO

Rohan in Kanpur uses a computer and camera to produce an indecent digital video of a 16-year-old minor for the purpose of sexual gratification, keeping the recording on a drive solely for personal viewing. Under Section 13 POCSO, using a child in any electronic form for sexual gratification is an offence whether the material is intended for personal use or for distribution. Because the Explanation to Section 13 POCSO includes involving a child through computer technology for production of such material, Rohan is guilty of the offence defined in Section 13 POCSO and is punishable under Section 14 POCSO.

FAQs on Section 13 POCSO

What is Section 13 POCSO?▼

Section 13 POCSO defines the offence of using a child below 18 years of age in any form of media for pornographic purposes and sexual gratification. The punishment for this offence is provided separately in Section 14 POCSO.

Does Section 13 POCSO apply if the material was made only for personal use and never shared?▼

Yes. Section 13 POCSO explicitly covers using a child in any form of media for sexual gratification whether or not it is intended for personal use or for distribution.

Does simulated sexual activity without physical penetration fall under Section 13 POCSO?▼

Yes. Section 13(b) POCSO covers the usage of a child engaged in real or simulated sexual acts, with or without penetration.

What does 'use a child' mean under Section 13 POCSO?▼

It includes involving a child through print, electronic, computer, or other technology for preparation, production, offering, transmitting, publishing, facilitation, and distribution of pornographic material. This is stated in the Explanation to Section 13 POCSO.

Which section provides the punishment for the offence defined in Section 13 POCSO?▼

Section 14 POCSO. Section 13 POCSO defines what constitutes using a child for pornographic purposes, while Section 14 POCSO prescribes the punishment.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Protection of Children from Sexual Offences Act, 2012 (India Code) ·