Child Pornography Laws in India: Adequacy and Enforcement Challenges in POSCO Act and IT Act

Author(s): Pihu

Abstract:

Child sexual exploitation in digital spaces has emerged as one of the most alarming challenges of the twenty-first century. The rapid growth of internet usage, social media platforms, encrypted communication, and easily accessible digital devices has significantly increased the circulation of Child Sexual Abuse Material (CSAM). India, recognizing the severe threat posed to children, has enacted two major legal frameworks-the Protection of Children from Sexual Offences (POCSO) Act, 2012 and the Information Technology Act, 2000-to regulate, criminalize, and prevent child pornography. The POCSO Act adopts a child-centric approach by defining child pornography comprehensively, criminalizing its production, storage, and dissemination, and providing stringent punishments. Complementing this, Section 67B of the IT Act targets online publication, transmission, browsing, and facilitation of CSAM, thereby extending legal protection to the virtual environment. Despite these strong statutory provisions, the enforcement landscape remains fraught with obstacles. The inherently anonymous and borderless nature of cyberspace complicates detection, investigation, and prosecution. Many offenders operate through encrypted platforms, dark net markets, and cross- jurisdictional networks, making evidence collection challenging. Law-enforcement agencies often lack advanced cyber-forensic tools, adequate training, and real-time coordination mechanisms. Moreover, delays in reporting by intermediaries, limited awareness among parents and children, inconsistent implementation across states, and the stigma surrounding sexual offences further weaken the enforcement process.

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Pages: 87-90     |    2 View     |    0 Download