The Protection of Children from Sexual Offences Act, 2012seeks
to protect children from offences such as sexual assault, sexual
harassment and pornography. India is a signatory to the UN Convention on
the Rights of the Child since 1992. The parties to the Convention are
required to take measures to prevent children from being coerced into
any unlawful sexual activity. Any person below the age of 18 years is
defined as a “child”. The Act seeks to penalise any person who commits
offences such as “sexual harassment”, “sexual assault”, “penetrative
sexual assault”, and “aggravated penetrative sexual assault”
A person shall be guilty of using a child for pornographic purposes if
he uses a child in any form of media for the purpose of sexual
gratification through representation of sexual organs of a child or
using a child in sexual acts or other types of obscene representation.
The penalty is rigorous imprisonment for up to five years and a fine. On
subsequent convictions, the term of imprisonment is up to 7 years and
fine.
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