Legal reference date: 28 October 2026
Terminology and the starting point
Searches often use the expression child pornography, but Child Sexual Exploitation and Abuse Material, or CSEAM, better reflects the exploitation involved. This is not an ordinary entertainment category. Sections 13 to 15 of POCSO and section 67B of the Information Technology Act address different forms of related conduct. Creation, use, possession and dissemination must be distinguished when identifying the provision that may apply. [1][3]
Saying that a person did not create the material or forward it is not a universal defence. Control, purpose and conduct can matter. Equally, an unsolicited message should not automatically be equated with deliberately seeking and retaining abusive material without examining the facts. The appropriate response is to prevent further circulation and report through lawful channels rather than share the content for informal verification.
Viewing can raise possession questions
In Just Rights for Children Alliance v. S. Harish, 2024 INSC 716, the Supreme Court explained important aspects of section 15 and online material. The absence of a permanent download is not necessarily decisive. Where a person exercises control over material, constructive possession can arise. The foundational facts and mental elements required by the relevant provision still need examination; the judgment does not eliminate those statutory requirements. [3]
Consequently, an online statement that merely viewing such material is always lawful is unreliable. It is also wrong to declare every recipient guilty merely because an unwanted link reached an account. Source, control, subsequent conduct and digital records may be relevant. A useful legal assessment examines those details instead of announcing automatic guilt or immunity for every situation involving an electronic message.
The separate limbs of section 15
Section 15(1) addresses storage or possession, the specified failure to delete, destroy or report, and an intention to share or transmit the material. It provides a fine of at least five thousand rupees, rising to at least ten thousand rupees for a second or subsequent offence. These ingredients must be read together. It is not a free-standing rule that every unwanted receipt attracts the same penalty. [1]
Section 15(2) concerns possession or storage for dissemination-related purposes, with specified reporting and court-evidence exceptions, and allows up to three years, fine or both. Section 15(3) concerns a commercial purpose: on a first conviction it provides three to five years, or fine, or both; a subsequent conviction attracts five to seven years and fine. The precise statutory limb and facts therefore matter.
Do not circulate material to raise awareness
Forwarding the image or video into a WhatsApp group, public legal forum or social post can extend the child's exploitation. Do not obtain additional abusive content to build your own evidence collection. A report can identify an available URL, account, receipt time and necessary context. Seek secure instructions from the competent investigating authority about handling any actual file already present on a device. [1][2]
Where a device has been requested for examination or a preservation direction exists, do not independently wipe or alter it. Ask how reporting and evidence preservation should be managed together. Re-sending material to acquaintances for confirmation is not an appropriate substitute. Retain separate acknowledgment details for any platform report and police communication, without creating new public copies of the abusive content.
Practical steps for families and institutions
Do not publish the child's name, school, family connection or other identifying details. Use the platform's reporting mechanism and give relevant information to the local police or SJPU. Removal of a post does not automatically conclude investigation of earlier conduct. Avoid blaming the child or requiring the child to search for the material again. Focus on safety and appropriate support. [1][2]
When seeking advice, explain whether the content arrived unsolicited, where it was present, what was reported and whether any investigative direction has been issued. Avoid conducting a private forensic investigation. The legal assessment should address control and relevant activity while preventing further exploitation. Sensational presentation, renewed circulation and promises of a guaranteed technical defence undermine that objective and can introduce additional risks.
Sources
- Protection of Children from Sexual Offences Act, 2012, amended text — NCPCR / Government of India. Definitions, offences, reporting, safeguards, Special Courts and presumptions; 2019 amendments included.
- POCSO Rules, 2020 — Gazette notification G.S.R. 165(E) — Ministry of Women and Child Development / NCPCR. Rules 3, 4, 6, 7 and 9: institutions, care, support, medical aid, legal aid and compensation.
- Just Rights for Children Alliance v. S. Harish, 2024 INSC 716 — official judgment summary — Supreme Court of India, Centre for Research and Planning. Entry dated 23 September 2024: section 15, control/constructive possession and section 30 foundational facts. The summary is explanatory and is not the judgment.
This is general legal information. Assess the records, applicable law and current judicial decisions for a particular case.