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Section 13: Use of child for pornographic purposes

Protection of Children from Sexual Offences Act, 2012 • Official Statutory Text & Practice Guide

Non-Bailable
Cognizable
Special Court (POCSO)
Act 2012
Section 12 All 46 Sections of Protection of Children from Sexual Offences Act, 2012 Section 14

Legal Commentary & Landmark Judgments: Section 13

Section 13 defines the prohibited use of children for pornographic purposes, creating comprehensive criminal liability for the production, recording, and commercial exploitation of child sexual abuse material (CSAM).

  • Representation & Recording: Using a child to engage in real or simulated sexual acts, visual depiction of sexual organs, or lascivious sexual posturing.
  • Production & Commercialization: Producing, photographing, filming, transmitting, publishing, or distributing pornographic material involving minors.
  • Digital & Print CSAM: Encompasses both physical publications and electronic files stored, hosted, or streamed over internet servers and dark web networks.
  • Absolute Statutory Prohibition: Operates as a strict liability prohibition where the alleged consent of the minor or financial compensation to guardians is legally void.

Section 13 aligns domestic criminal law with international conventions, dismantling commercial and online CSAM production syndicates by criminalizing every link in the recording chain.

Key Landmark Precedents:
  • Just Rights for Children Alliance v. S. Harish (2024) SCC OnLine SC 2470: A three-judge bench held that downloading, storing, or viewing child sexual abuse material (CSAM) is directly prohibited and punishable under POCSO, overturning the Madras High Court judgment.
Legal Commentary:

Section 13 forms the bedrock of India's statutory battle against child pornography and commercial digital exploitation of minors.

Section 12 All 46 Sections of Protection of Children from Sexual Offences Act, 2012 Section 14