ABSTRACT

As a country, our position on child protection is very clear. It reflects through our commitment to the United Nations Convention on the Rights of the Child and the country’s policy, planning and progressive legislations like the Juvenile Justice (Care and Protection of Children) Act, 2015, POCSO, Prohibition of Child Marriage Act, 2006, etc. However, an honest assessment of our actions for child protection, specifically against sexual violence is the need of the hour. The guiding principle of the National Policy for Children 2013 mentioned ‘the best interest of the child’ is the primary concern in all the decisions and actions affecting the child. In the National Plan of Action for Children (NPAC) 2016, child protection is one of the four priority areas. Child abuse and sexual offences impacts children (both girls and boys) of all ages. Some 109 children were sexually abused every day in India in 2018, a 22 per cent jump in such cases since 2017.Some 39,827 cases were reported in 2018 under POCSO. The ‘Child Line’ India helpline received 92,000 SOS calls asking for protection from abuse and violence within11days ofthenovel coronavirus disease lockdown in 2020.The Maharashtra cyber cell stated that there was aspike in child pornography and the user base for child sexual abuse material in India. Violence against children has increased exponentially, requiring greater intervention to meet the challenges. It violates the rights and the dignity of the child and robs from them the joys of childhood.

INTRODUCTION

childpornography

Section 67B of the IT Act, 2000 makes it publish, transmitting, viewing, or downloading child pornography illegal. The fact that the internet has made child pornography more accessible to the distributors, as well as the collectors, cannot be denied.

According to Section 67B ,any person who has not attained the age of 18years is a child. It further states that child pornography can be committed in the following five ways:

• By publishing or transmitting or causing to publish or transmit any material electronically that depicts the children engaged in a sexually explicit act or conduct.
• Bydepicting childreninanobsceneorsexuallyexplicit

• By inducing children to online relationship with one or more children for and on a sexually explicit act, or in a manner that may offend a reasonable adult on the computer resource.
• Byfacilitatingchildabuse

• By recording own abuse or that of others pertaining to sexually explicit act with

Exceptions

 The section does not prohibit the books, pamphlets, magazines or pictures which are created for educational force or which is kept for religious purposes. Thus, sexology (the scientific study of human sexuality or sexual behavior) is not prohibited under this section. Similarly, if a photographofa child is used to talk aboutthe anatomyofa child then it won’t constitute an offence under this section. Indian PenalCode,1860 Section 292of IPC prohibits the sale of obscene material. Section 292(1)explains the meaning of “obscenity”and Section292(2)explainsthepunishment forsale,distribution,etc. of obscene materials.

Section292(1)states that any material will be deemed obscene if it is lasci viousor prurient or any part of the material has the tendency to corrupt or deprave the people.

Section292 (2)states that a person who:

1. Sell, distributes, lets to hire, publicly exhibit or put into circulation any obscene
2. Imports or export sobscene material or knows that such material will be put for sale, distribution or circulation.
3. Is involved or receives profit from any business in the course of which he has knowledge or reason to believe that such obscene objects are for aforesaid
4. Advertises the obscene
5. Offers to door attempts to do any act which is prohibited under the

Ona first conviction, such a person shall be awarded either simple or rigorous imprisonment that may extend to 2 years along with a fine that may extend to Rs.2,000. On the second conviction or person, such a person shall be awarded simple or rigorous imprisonment that mayextend to 5 years along with a fine that may extend to Rs.5,000.

Section293 of IndianPenalCode, 1860, specifies the punishment for a person who sells, lets to hire or distributes anyobscene object to anypersonwho is below the age of 20 years. It states that on the first conviction a person shall be awarded imprisonment which may extend to 3 years along with the fine which may extend to Rs.5,000 and on subsequent conviction, with imprisonment which may extend to 7 years along with the fine which may extend to Rs.5,000.

  Cyber Crime Against Children

As the web usage if growing daily the world is returning nearer. The world Wide web appears like a huge development however surprisingly one amongst its qualities is bringing the globe nearer creating it smaller place to live in for it users. However, at constant it’s conjointly managed to form another downside for its users thatis Cyber Crime. the matter of cybercrime is growing steady and plenty of individuals became victims of hacking, fraud, malicious software etc.alternative words represent the cyber crime as Criminal activity directly associated with the use of computers, specifically illegal trespass into the pcsystemor info of another, manipulation or theft of stored oron-line knowledge, or sabotage of apparatus and knowledge. The web area or cyber area is growing in no time and as the cybercrimes. The cybercrime is classified into numerous varieties as hacking, theft, cyber stalking, malicious software, child soliciting and abuse etc.

 Cyber Crime And ChildAbuse

 Children are the most vulnerable sections of society and are easily exploited in the cyber world due to lack of majority level in them. These days it is seen that even sexual exploitation of the children has started online. The offenderschat online with young children by wrongly stating/representing their age and lure them towards sex. With these latest technologies it has become very easy for the criminalto contact children. Children are easily exploited by online criminals not only because oftheir age and majority but also as they heavily relyon networking sites for social interaction. Offenders use false identities in chat room to lure victims for personal meetings. This leads to child abuse and exploitation such as trafficking and sex tourism. The child never knows the person with whom he or she is chatting. It is only when they happen to meet each other in person that they see an old man in their 40’s or 50’s with whom they were chatting and realize their mistake.1 Many children commit suicide when their offensive pictures are posted online. Children often avoid telling their parents about this mistake which causes further more trouble. The victims of online exploitation are forced to live with their abuse for the rest of their lives. It also affects the overall mental development of children. Children often unknowingly or deliberately share personal information without realizing that by just forwarding this message they can be made to suffer penal charges. Facebook photographs, whatsapp messages are uploaded and shared by children without knowing the gravity of things and the impact that will it have on their future. We all understand the need of protecting children in the real world but it is equally important for all parents and elders to protect their children from online threats. As a parent you can play an important role in protecting your children against Cyber Abuse. It is high time for parents and elders to take an active role in sharing with your kids about the use and abuse of cyber.Tonaban offender in a cyber crime case is not an easy task as the offender can commit this crime from any where in the world. These days the offenders are using high end technologies and in order to take hold of them we need the help of cyber cell police station.

  Children As Targets Of Internet Crime 

Traditionally, both inter familial offenders and stranger shave found that young children and teenagers are perfect targets for criminal acts because they are often trusting, naive, curious, adventure some, and eager for attention and affection. However, the most attractive factor to predators is that children and teenagers historically have not been viewed as credible witnesses. Today, the danger to children is even greater because the Internet provides predators anonymity. Whether the victimization occurs in person or over the Internet, the process is the same the perpetrator uses information to target a child victim. For example, the predator may initiate an online friendship with a young person, sharing hobbies and interests. This may lead to the exchange of gifts and pictures. Just like the traditional predator that targets children in person, the online predator usually is willing to spend considerable time befriending and grooming a child.3 The predator wantsto build the child’s trust, which will allow the predator to get what he or she ultimately wants from the child. Although no family is immune to the possibilitythat their child may be exploited and harassed on the Internet, a few factors make some children more vulnerable than others. Older children tend to be at greater risk because they often use the computer unsupervised and are more likely to engage inonline discussions of a personal nature. Some victims become unwitting participants as they actively participate in chatrooms, trade e-mail messages, and send pictures online. Troubled or rebellious teens who are seeking emancipation from parental authority can be susceptible to Internet predators. The risk of victimization is greater for emotionally vulnerable youth who may be dealing with issues of sexual identity. These young people may be willing to engage in conversation that is both titillating and exciting but appears innocent and harmless. Unfortunately, Internet interactions that initially appear innocent can gradually lead to sexually explicit conduct.

  Cyber Crime Against Children 

The information and communication technologies have created a brand-new area for the kids to learn and play. Its area of both opportunities and risks wherever the youngsters is developed however on the opposite hand they will be the victims of cybercrime. 5 The information and communication technologies enabled the offenders to create the children as their target severally and together. Thepotential motives of the offenders include personal gratification, typically by manner of sexual exploitation, cash creating etc.

The online exploitation of youngsters could be a growing international concern, with advances in technology facilitating their abuse. Low cost costs for info and communication technologies devices and straightforward web access means the sex offenders have new access to material and a web community to affirm their abusiveandexploitivebehavior. Kidsand youngpeopleareadoptingthetechnologies earlier and more typically and inadvertently exposing themselves to on-line child predators at a new rate.

1. Childpornography
2. Onlinegrooming
3. Cheating
4. Cyberstalking
5. Cyberbullying
6. Hacking
7. Onlinechildtrafficking
8. Onlineextortion
9. Onlinesexualharassment
10. Violationofprivacy

  Cyber Crimes Against Children Can Now Be Reported At The Pocso E-Box

Child victims ofcybercrimes can now lodge their complaints at NationalCommission for Protection of Child Rights (NCPCR)’s POCSOe-box.Considering the growing menace of cybercrimes targeting children, NCPCR has now enhanced the scope of POCSO e-boxto handle cyber bullying, cyber stalking, morphing of images and child pornography. Child victims themselves or their friends, parents, relativesor guardians can report cybercrimes by pressing the e-box button available at the Commission’s website, www.ncpcr.gov.in They can also register their complaints on email id: pocsoebox-ncpcr@gov.in or mobile no.: 9868235077. Child abuse is finding new forms and channels through mobile and digital technologies. In India about 134 million children have access to mobile phones and the number is growing very fast with even faster access to internet. While this provides opportunities for accessing useful material for learning purposes, lack of digital literacy and online safety measures expose children to hazards of cybercrime. POCSO e-box is an easy and direct medium for reporting of child sexual abuse under the Protection of Children from Sexual Offences (POCSO) Act, 2012.

 Preventive Measures To Protect Children From Cyber Crime

 The best toola child has for screening material found onthe internet is hisor her brain. Inmost ofthecases, theparentsareresponsible for theconductofthe children. To avoid the cybercrime, the parents should teach their children about exploitation, pornography, hate literature, excessive violence and other issues that concern the parents, so that the children know how to respond when they see this material. There should be a commercial online service that offers parental control features.These featurescanblockcontent that isnot clearly marked as appropriate for children, including chat rooms, bulletin boards, newsgroups, discussion groups, and websites. The parents should monitor their children when they are using internet or when they are online. On the other hand the children can also make themselves safe from the cybercrime. The child should let his or her parents immediately if he or she finds something scary or threatening on the internet. The children should never give out their name, address, telephone number, password, school name, parent’s name or any other personal information online. The children should never agree to meet anyone with someone they have met online and never respond to any message that have bad words, seem scary, weird, or uncomfortable.

POCSO (The Protection of Children from Sexual Offences)Act,2012

The POCSO Act, 2012 was specifically enacted to prevent children from sexual offences. The act protects children fromsexual assault, sexual harassment, and pornography. Theact aimsto protect the interestsand well-being ofthechildren. Forthepurposeoftheact, any person who has not attained the age of18 years is a child. The Act is gender-neutral.

TheprovisionsrelatingtoCyberPornographyunderthePOCSOActarediscussedbelow:

Section 13of the POCSO Act, 2012, defines the offence of child pornography, it states that whosoever, uses a child in any form of media for the sexual gratification shall be guilty of the offence of child pornography.

Section 14of the POCSO Act, 2012, provides the punishment for using a child for pornographic purposes.

Punishment forusingachildforpornographicpurposes

Sources: The Protection of Children from Sexual Offences (Amendment) Bill, 2019; The Protection of Children from Sexual Offences Act, 2012: PRS

Section15ofthe POCSO Act, 2012, provides that if a personstores pornographythat involves a child, in any form then he shall be awarded imprisonment which may extend to 3 years or fine or both.

TherearemanyothersectionsintheITAct,2000amongthemafewimportant sections oneshould know are as follows: Table-2: A few important sections one should know

  RATIONALE FOR THE SELECTION OF THEME:–

In order to work and using the cyberspace facilities, it is important to provide & have theknowledgeofsecuritythatisoneoftherequirementsandprocedures.Therefore,

ifthe securitydoes not run over the Internet, not only the country but the entire world will be in trouble and women and children are no exception.

The new era is of internet and there is wide range of Cyber Crimes and through its in depth knowledge, the study shall be in a position to aware the society, women, children so that they may not fall in the web of Cyber Crime. In the contemporary world with the adequate knowledge of Cyber Crimes and its prevention can help and save numerous lives.

 AIMS AND OBJECTIVES OF THE STUDY :- 

• To study the nature and scope of cyber-crime against
• To find out causation behind the victimization of
• To analyze laws dealing related to cyber-crime against children in
• To conclude and suggest measures which should be taken by the government for checking cybercrime against children in India.

 SCOPE OF THE STUDY:- 

Crime is a socially correlated phenomenon. No matter how much we try, we cannot experience a society without cybercrime. In actual sense, when we are not yet able to control the crime rate to the desirableminimum in the real world, how wouldit be possible to curbthe same inthe virtualworld, asthe same is comparatively more unreal, everlasting and legally less controllable. However with the time, nature and scope and definition of crime changes in a given society. Crimeless society is a myth and crime cannot be segregated from a society. Thus the nature ofthe crime depends upon the nature of a society. Complexity of the society determines the complexity of the crime that evolves’ around it. To understand the crime in a society, it is essential and crucial to verify all the factors which influence and contribute to the crime. The socio- economic and political structure of the society needs to understand the crime and the recourse that may curb the same. The preventive and corrective measures adopted by the machinery to control the crime and delinquent behavior in the society are also taken into consideration while studying the nature and scope of a crime. Cyber crime becomes a global phenomenon and hence the nationwide generalization of crime cannot workable in present scenario. Our understanding and regulation of cyber crime cannot be nationalbut hasto be international. We have to enact new laws and prepare preventive and defensive mechanism globally, only then we can able to protect our society from this evil called ‘Cyber Crime’. Therefore, the threat of cyber terrorism throws serious challenge to world and its agencies. The terrorist organizations using technology to spread hatred among people and using it to recruit militants and train them using teaching tools. Theyare also launching websites which show them how to use weapons make bombs etc.

  RESEARCH METHODOLOGY:-

 The research methodology adopted for this work is doctrinal. Researcher has analyzed case law decided by the Supreme Court, high courts and cyber appellate tribunal. Law library resources have also been taken into account for the study. Articles, books, journals, Reports, materials from websites, libraries, databases etc have also been consulted and thus, played a vital role in the completion of theresearch work

CONCLUSION

 Crimes against children include. physical and emotional abuse, neglect, and exploitation, such as through child pornography or sex trafficking of minors. Indian penal code and the various protective and preventive special and local laws specifically mention the offences wherein children are victims. The POCSO Act is only applicable to child survivors and adult offenders. In case two children have sexualrelationswitheachother,or incaseachild perpetrates and Child Sexual Abuse cannot be ignored in Schools Recognizing. Child Sexual Abuse Reporting Procedure under the Act Procedure of Recording of Statement of Child& Child Friendly Procedure under the POCSO Act, 2012.

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