Punishment for storage of pornographic material involving child
Section 15 of the Protection of Children from Sexual Offences Act, 2012 deals with punishment for storage of pornographic material involving child. 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 The Act came into force on 14 Nov 2012.
1[15. Punishment for storage of pornographic material involving child.-- (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.]
Section 15, The Protection of Children from Sexual Offences Act, 2012 (Act 32 of 2012).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Referred to by 1
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Just Rights for Children Alliance v. S. Harish
Court's Decision & Legal Precedent
POCSO s.15 storage/possession of child sexual abuse material is not confined to the original downloader. Failure to delete/report CSAM, and incriminating viewing/storage, can attract s.15; s.29 presumption may apply once foundational facts are laid. Madras HC quash of the POCSO charge was set aside. Overrules a narrow reading that only the first downloader is liable.
On this section: Storage/possession/viewing of CSAM attracts s.15; liability is not confined to the original downloader. HC quash set aside.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 15
What have the courts held on Section 15 of the Protection of Children from Sexual Offences Act?
Just Rights for Children Alliance v. S. Harish (23 Sep 2024) is the leading judgment on this section among those set out below: Storage/possession/viewing of CSAM attracts s.15; liability is not confined to the original downloader. HC quash set aside.
How do I find court cases under Section 15 of the Protection of Children from Sexual Offences Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Pocso Act 15, section 15 Pocso Act, section 15 of the Protection of Children from Sexual Offences Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Just Rights for Children Alliance v. S. Harish (23 Sep 2024).
What should I read with Section 15 of the Protection of Children from Sexual Offences Act, and has it changed?
1 other provision in this corpus refers back to it.
When did Section 15 of the Protection of Children from Sexual Offences Act come into force?
Section 15 of the Protection of Children from Sexual Offences Act, cited as Pocso Act 15, came into force on 14 Nov 2012, having been enacted on 19 Jun 2012. It is in force as at the date shown on this page.
Other sections of this Act
- 9. Aggravated sexual assault813 words
- 5. Aggravated penetrative sexual assault811 words
- 33. Procedure and powers of Special Court395 words
- 2. Definitions340 words
- 19. Reporting of offences338 words
- 45. Power to make rules323 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.