CHAPTER III USING CHILD FOR PORNOGRAPHIC PURPOSES AND PUNISHMENT THEREFOR

Section 15: Punishment for storage of pornographic material involving child

The Protection of Children from Sexual Offences Act, 2012

¹[(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.]

Footnotes in the official text

1.Subs. by s. 8, ibid., for section 15 (w.e.f. 16-08-2019).

Leading cases

Just Rights for Children Alliance v. S. Harish (2024)Storing or possessing child sexual exploitative material with the intent specified in Section 15 of the POCSO Act is an offence even without transmission; the High Court's quashing of the prosecution was set aside and the case restored to trial.

Questions on this section

3 questions in 6 of our papers cite Section 15. Try these from the free papers:

1. Consider the following statements about Section 15 of the POCSO Act: 1. A person who stores pornographic material involving a child with an intention to share it, but fails to delete, destroy or report it, is liable on a first offence to a fine of not less than five thousand rupees. 2. Storing such material for transmitting or distributing it, other than for reporting or for use as evidence in court, is punishable with imprisonment up to three years, or fine, or both. 3. Storing such material for a commercial purpose is punishable on first conviction with imprisonment of not less than five years. Which of the statements given above is/are correct?
2. In Just Rights for Children Alliance v. S. Harish (2024), the Supreme Court explained the offences under Section 15 of the POCSO Act as:

Practise questions on Special Criminal Laws