Section 14 POCSO: Punishment for using child for pornographic purposes
Protection of Children from Sexual Offences Act, 2012
Section 14 POCSO at a Glance
Section 14 POCSO punishes using a child for pornographic purposes with at least 5 years imprisonment and liability to fine, rising to at least 7 years on a repeat conviction. Direct participation in a sexual offence during the act carries additional punishment.
At least 5 years; at least 7 years on a second or later conviction. Sub-section (2) adds the punishment under Section 4, 6, 8 or 10 for direct participation
Section 14 POCSO Bare Act Text
14. Punishment for using child for pornographic purposes.
(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).
Amendments to this section
- Subs. by Act 25 of 2019, s. 7, for section 14 (w.e.f. 16-08-2019).
Section 14 POCSO in Simple Words
Section 14 POCSO sets the punishment for using a child or children for pornographic purposes, an offence defined in Section 13 POCSO. Under Section 14(1) POCSO, whoever uses a child or children for pornographic purposes faces imprisonment for a term of not less than 5 years and is also liable to fine. On a second or subsequent conviction, the minimum punishment increases to imprisonment for not less than 7 years, along with liability to fine. Act 25 of 2019 substituted the whole section from 16 August 2019.
Section 14(2) POCSO addresses cases where the person using a child or children for pornographic purposes under sub-section (1) also directly participates in the pornographic acts and thereby commits an offence referred to in Section 3 (penetrative sexual assault), Section 5 (aggravated penetrative sexual assault), Section 7 (sexual assault), or Section 9 (aggravated sexual assault) POCSO. In that case, the offender is punished for those offences under Section 4, Section 6, Section 8, and Section 10 POCSO respectively, in addition to the punishment under Section 14(1) POCSO.
Under Part II of the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), because the offence carries a minimum imprisonment of 5 years, it falls in a class that is cognizable (police can register an FIR and arrest without a warrant) and non-bailable. Under Section 28 POCSO, the offence is tried by the Special Court, and it is not compoundable because POCSO has no provision for compounding offences.
Ingredients of Section 14 POCSO
- Under sub-section (1), the accused uses a child or children for pornographic purposes.
- For enhanced minimum punishment under sub-section (1), the conviction is a second or subsequent conviction for using a child for pornographic purposes.
- Under sub-section (2), while using a child or children for pornographic purposes under sub-section (1), the accused directly participates in such pornographic acts and commits an offence under Section 3, Section 5, Section 7, or Section 9 POCSO.
Punishment Under Section 14 POCSO
At least 5 years; at least 7 years on a second or later conviction. Sub-section (2) adds the punishment under Section 4, 6, 8 or 10 for direct participation
Liable to fine in addition to imprisonment
POCSO does not classify its offences, so Part II of the First Schedule to the BNSS decides it. With a minimum of 5 years, the offence is in a class that is cognizable and non-bailable. Section 28 POCSO makes the Special Court try offences under the Act. POCSO has no provision allowing an offence to be compounded.
Under Section 14(1) POCSO, the punishment is imprisonment for at least 5 years and liability to fine on a first conviction, and imprisonment for at least 7 years and liability to fine on a second or later conviction. Under Section 14(2) POCSO, direct participation in the pornographic acts amounting to an offence under Section 3, 5, 7, or 9 POCSO carries the punishment under Section 4, 6, 8, or 10 POCSO in addition to the punishment under Section 14(1) POCSO. The offence is cognizable, non-bailable, non-compoundable, and triable by the Special Court.
Example of Section 14 POCSO
FAQs on Section 14 POCSO
What is Section 14 POCSO?▼
Section 14 POCSO prescribes the punishment for using a child or children for pornographic purposes. It sets a minimum imprisonment of 5 years and liability to fine for a first conviction, at least 7 years and liability to fine for a repeat conviction, and adds separate punishment under Section 4, 6, 8, or 10 POCSO if the offender directly participates in the sexual offence.
What is the punishment for a repeat conviction under Section 14(1) POCSO?▼
At least 7 years imprisonment and liability to fine. Section 14(1) POCSO states that in the event of a second or subsequent conviction, imprisonment is not less than 7 years and the person is also liable to fine.
What happens if the offender also commits sexual assault while making the pornographic material?▼
The offender receives cumulative punishment under both provisions. Under Section 14(2) POCSO, a person who directly participates in the pornographic acts and commits an offence under Section 3, 5, 7, or 9 POCSO is punished under Section 4, 6, 8, or 10 POCSO respectively, in addition to the punishment under Section 14(1) POCSO.
Is an offence under Section 14 POCSO bailable?▼
No. With a minimum punishment of 5 years imprisonment, the offence is classified under Part II of the First Schedule to the BNSS as cognizable and non-bailable.
When did the present Section 14 POCSO come into force?▼
16 August 2019. Act 25 of 2019 substituted the whole section from that date.
Which court tries an offence under Section 14 POCSO?▼
The Special Court. Under Section 28 POCSO, a Court of Session designated as a Special Court tries all offences under the Act.
Have questions about Section 14 POCSO?
Ask NyayGuru about your situation and get an answer based on the Protection of Children from Sexual Offences Act, 2012.
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Sources: Bare Act Text, Protection of Children from Sexual Offences Act, 2012 (India Code) ·