Section 13 of POCSO : Section 13: Use Of Child For Pornographic Purposes

Explanation using Example

Imagine a scenario where a local photographer, who takes family portraits, is approached by an individual asking for a private photoshoot of their child. The photographer is asked to take pictures of the child in suggestive poses that imply sexual content. The photographer agrees, thinking it's just for the family's private collection. However, the individual later distributes these photographs on an internet forum dedicated to child exploitation.

In this case, the photographer has inadvertently used a child for pornographic purposes by taking and providing photographs that represent the child in an obscene manner, even though there was no direct sexual act involved. The act of taking such photos and the subsequent distribution of them falls under the purview of Section 13 of The Protection of Children from Sexual Offences Act, 2012. The photographer, despite not being the one distributing the images, could be held liable for the offence of using a child for pornographic purposes, as their action facilitated the creation of such material.