Section 15 POCSO: Punishment for storage of pornographic material involving child
Protection of Children from Sexual Offences Act, 2012
Section 15 POCSO at a Glance
Section 15 POCSO punishes storing or possessing pornographic material involving a child. Depending on whether the person intends to share it, distributes it, or holds it for commercial purposes, punishment ranges from a ₹5,000 minimum fine to 7 years imprisonment.
Sub-section (2): up to 3 years. Sub-section (3): 3 to 5 years, and 5 to 7 years on a second or later conviction
Section 15 POCSO Bare Act Text
15. Punishment for storage of pornographic material involving child.
(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.
Amendments to this section
- Subs. by Act 25 of 2019, s. 8, for section 15 (w.e.f. 16-08-2019).
Section 15 POCSO in Simple Words
Section 15 POCSO punishes storing or possessing pornographic material in any form involving a child, with three graded sub-sections based on the person's purpose. Act 25 of 2019 substituted the whole section from 16 August 2019.
Under Section 15(1) POCSO, if a person stores or possesses pornographic material in any form involving a child, fails to delete, destroy, or report it to the designated authority (as may be prescribed), and has an intention to share or transmit child pornography, the person is liable to a fine of not less than ₹5,000. For a second or subsequent offence under Section 15(1) POCSO, the fine is not less than ₹10,000.
Under Section 15(2) POCSO, if a person stores or possesses such material for transmitting, propagating, displaying, or distributing in any manner at any time, the punishment is imprisonment of either description for up to 3 years, or a fine instead of imprisonment, or both. Section 15(2) POCSO excludes storing or possessing the material for the purpose of reporting (as may be prescribed) or for use as evidence in court.
Under Section 15(3) POCSO, if a person stores or possesses such material for a commercial purpose, the punishment on a first conviction is imprisonment of either description for not less than 3 years and up to 5 years, or a fine instead of imprisonment, or both. On a second or subsequent conviction under Section 15(3) POCSO, the punishment is imprisonment of either description for not less than 5 years and up to 7 years, and the person is also liable to fine in addition to imprisonment.
Under Part II of the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), classification depends on the sub-section: Section 15(1) POCSO carries a fine only, so it is non-cognizable and bailable, whereas Section 15(2) POCSO (up to 3 years) and Section 15(3) POCSO (3 to 7 years) fall in the class of 3 years and upwards but not more than 7 years, making them cognizable and non-bailable. All offences under Section 15 POCSO are non-compoundable and are tried by the Special Court under Section 28 POCSO.
Ingredients of Section 15 POCSO
- The person stores or possesses pornographic material in any form involving a child.
- Under sub-section (1): the person fails to delete, destroy, or report the material to the prescribed designated authority, with an intention to share or transmit child pornography.
- Under sub-section (2): the storage or possession is for transmitting, propagating, displaying, or distributing in any manner at any time, and is not for prescribed reporting or for use as evidence in court.
- Under sub-section (3): the storage or possession is for a commercial purpose.
Punishment Under Section 15 POCSO
Sub-section (2): up to 3 years. Sub-section (3): 3 to 5 years, and 5 to 7 years on a second or later conviction
Sub-section (1): fine only, at least ₹5,000, and at least ₹10,000 for a second or later offence. Sub-sections (2) and (3): fine instead of or with imprisonment, except that a second or later conviction under sub-section (3) carries imprisonment and liability to fine
POCSO does not classify its offences, so Part II of the First Schedule to the BNSS decides it, sub-section by sub-section. Sub-section (1) carries fine only, so it is non-cognizable and bailable. Sub-sections (2) and (3) carry imprisonment of 3 years and upwards but not more than 7 years, so they are 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 15(1) POCSO, the punishment is a fine of at least ₹5,000 on a first offence and at least ₹10,000 on a second or later offence, and this sub-section is non-cognizable and bailable. Under Section 15(2) POCSO, the punishment is imprisonment up to 3 years, or a fine instead of imprisonment, or both; under Section 15(3) POCSO, a first conviction carries 3 to 5 years imprisonment, or a fine instead of imprisonment, or both, while a second or later conviction carries 5 to 7 years imprisonment and liability to fine. Offences under Sections 15(2) and 15(3) POCSO are cognizable and non-bailable, and all offences under Section 15 POCSO are non-compoundable and tried by the Special Court.
Example of Section 15 POCSO
When Section 15 POCSO Does Not Apply
- Under Section 15(2) POCSO, the person stored or possessed the material solely for the purpose of reporting as prescribed, or for use as evidence in court.
FAQs on Section 15 POCSO
What is Section 15 POCSO?▼
Section 15 POCSO punishes storing or possessing pornographic material in any form involving a child below 18 years of age. It sets three tiers of punishment depending on whether the person fails to delete or report the material with intent to share it, holds it for distribution, or holds it for a commercial purpose.
What is the fine under Section 15(1) POCSO for storing material with intent to share?▼
At least ₹5,000 for a first offence. For a second or subsequent offence under Section 15(1) POCSO, the fine is not less than ₹10,000.
Is keeping material to report it to authorities or as court evidence an offence under Section 15(2) POCSO?▼
No. Section 15(2) POCSO explicitly excepts storing or possessing the material for the purpose of reporting, as may be prescribed, or for use as evidence in court.
What is the punishment for storing child pornographic material for a commercial purpose under Section 15(3) POCSO?▼
Imprisonment for 3 to 5 years, or a fine instead of imprisonment, or both, on a first conviction. On a second or subsequent conviction under Section 15(3) POCSO, the punishment is imprisonment for 5 to 7 years and the person is also liable to a fine in addition to imprisonment.
Is an offence under Section 15 POCSO bailable and cognizable?▼
It depends on the sub-section. Under Part II of the First Schedule to the BNSS, Section 15(1) POCSO carries a fine only and is non-cognizable and bailable. Section 15(2) POCSO (up to 3 years) and Section 15(3) POCSO (3 to 7 years) fall in the class of 3 years and upwards but not more than 7, so they are cognizable and non-bailable.
When did the present Section 15 POCSO come into force?▼
16 August 2019. Act 25 of 2019 substituted the whole section from that date.
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Sources: Bare Act Text, Protection of Children from Sexual Offences Act, 2012 (India Code) ·