DIGITAL SEXUAL EXPLOITATION OF CHILDREN: ANALYSING POCSO PROVISIONS ON PORNOGRAPHY AND ONLINE ABUSE IN INDIA
AUTHOR – POONAM MISHRA* & DR. ROSHNI SRIVASTAVA**
* RESEARCH SCHOLAR, AMITY LAW SCHOOL, LUCKNOW, U.P
** ASSOCIATE PROFESSOR, AMITY LAW SCHOOL, LUCKNOW, U.P.
BEST CITATION – POONAM MISHRA & DR. ROSHNI SRIVASTAVA, DIGITAL SEXUAL EXPLOITATION OF CHILDREN: ANALYSING POCSO PROVISIONS ON PORNOGRAPHY AND ONLINE ABUSE IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (4) OF 2026, PG. 324-332, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I434
Abstract
The rapid expansion of digital technology has fundamentally transformed patterns of communication, access to information and social interaction in India. While these developments have created significant opportunities for learning and connectivity, they have also generated new risks for children in online environments. One of the most alarming consequences of this digital transformation is the growing prevalence of online child sexual exploitation, including online grooming, sextortion, live-streamed abuse and the circulation of child sexual abuse material (CSAM).[1]
India’s primary legislative response to sexual offences against children is the Protection of Children from Sexual Offences Act, 2012 (POCSO), which includes specific provisions addressing the use of children for pornographic purposes under Sections 13–15.[2] These provisions operate alongside Section 67B of the Information Technology Act, 2000, which criminalises the electronic publication, transmission and possession of sexually explicit material involving children.[3]
Despite the existence of this statutory framework, doctrinal ambiguities and enforcement challenges persist. Judicial interpretation has historically varied regarding whether mere viewing or storage of CSAM constitutes a punishable offence. However, the Supreme Court has recently clarified that viewing, possessing and storing such material may attract criminal liability under both POCSO and the IT Act.[4]
This paper critically analyses the legal framework governing online child sexual exploitation in India. By examining statutory provisions, judicial decisions and empirical data from the National Crime Records Bureau (NCRB), the study argues that although the legal regime has evolved significantly, implementation remains hindered by under-reporting, inadequate digital forensic capacity and limited institutional coordination. The paper concludes that stronger legislative clarity, enhanced investigative infrastructure and improved cooperation between law enforcement agencies and digital platforms are essential to effectively combat online child sexual exploitation.
Keywords: Child Sexual Abuse Material (CSAM); Online Grooming; Child Pornography; Digital Sexual Exploitation; POCSO Act; Information Technology Act; Cybercrime; Child Protection; Digital Evidence; Online Abuse.
[1] UNICEF, Ending Online Child Sexual Exploitation (2022).
[2] Protection of Children from Sexual Offences Act 2012, ss 13–15.
[3] Information Technology Act 2000, s 67B.
[4] Just Rights for Children Alliance v S Harish (2024) SC.