"Childhood should be carefree, playing in the sun; not living a nightmare in the darkness of the soul." -- Dave Pelzer, A Child Called "It"

Children are the most precious asset of humanity, and childhood is a critical phase that shapes an individual's intellectual, physical, and social well-being. A safe and nurturing environment is essential for their development, yet modern technology has exposed them to unprecedented dangers and digital abuse. Children are the most precious asset of humanity, and childhood is a critical phase that shapes an individual's intellectual, physical, and social well-being. A safe and nurturing environment is essential for their development, yet modern technology has exposed them to unprecedented dangers and digital abuse.

International and Constitutional Safeguards:

The United Nations Convention on the Rights of the Child (UNCRC), ratified by India on December 11, 1992, mandates all State Parties to take appropriate national, bilateral, and multilateral measures to prevent:

The inducement or coercion of a child into unlawful sexual activities.
The exploitative use of children in prostitution and sexual practices.
The exploitative use of children in pornographic content and performances. 
In India, Articles 15 and 39 of the Constitution reinforce the commitment to protecting children from exploitation.

Evolving Legal Framework in India:

With the rise of the internet era, the Information Technology (IT) Act, 2000 proved inadequate in addressing the surge in cyber crimes against children. The enactment of the Protection of Children from Sexual Offences (POCSO) Act, 2012, aimed to provide a stronger legal framework against child sexual abuse and exploitation. However, over time, legislative bodies recognized that certain provisions of POCSO, 2012, were not sufficient in curbing the increasing cases of child sexual abuse, online grooming, and digital exploitation.

Global Response and Future Legal Developments:

Recognizing the growing threats of cybercrimes against children, on August 13, 2024, the United Nations approved the Draft Global Cyber Crime Treaty. This treaty aims to establish a comprehensive international legal framework for combating cybercrimes, including child exploitation, online trafficking, and digital abuse. As cyber threats evolve, continuous legal reform and international cooperation remain essential to ensuring a safe digital environment for children, protecting them from abuse, and upholding their fundamental rights.

Legal Definition of "Child" Under Various Frameworks:

The definition of a "child" varies across different legal frameworks, each tailored to specific contexts of protection and rights. Below are key legal provisions defining "child" in India and under international conventions:

1. United Nations Convention on the Rights of the Child (UNCRC), Article 1
   "Every human being below the age of 18 years unless under the law applicable to the child, majority is attained earlier." India ratified the UNCRC on December 11, 1992, committing to global standards of child protection and welfare.
    
2. Bharatiya Nyaya Sanhita (BNS), 2023
   Section 2(3) of the Bharatiya Nyaya Sanhita (BNS), 2023, defines a child as a person under 18 years of age, aligning with international conventions on children's rights.
    
3. Protection of Children from Sexual Offences (POCSO) Act, 2012
   The POCSO Act, 2012, defines a child as anyone below 18 years of age, ensuring gender-neutral protection from sexual offences. This Act is a direct implementation of Articles 15 and 39 of the Indian Constitution and India's obligations under the UNCRC.
    
4. Juvenile Justice (Care and Protection of Children) Act (JJ Act), 2015
   The Juvenile Justice (Care and Protection of Children) Act, 2015, also defines a child as a person under 18 years of age. This law ensures the protection, rehabilitation, and justice system for minors, including both children in conflict with the law and children in need of care and protection.
    
5. Immoral Traffic (Prevention) Act, 1956
   The Immoral Traffic (Prevention) Act, 1956 distinguishes between minors and children differently, defining a "minor" as anyone below 16 years in the context of human trafficking and sexual exploitation.

Legal Perspectives on Online Child Exploitation:

Online child sexual abuse and online child sexual exploitation involve the use of information and communication technology as a means to sexually abuse and/or sexually exploit children (Interagency Working Group, 2016, p. 23 and 28). The United Nations Economic and Social Commission for Asia and the Pacific (UN ESCAP) (1999) defines child sexual abuse "as contacts or interactions between a child and an older or more knowledgeable child or adult (stranger, sibling or person in a position of authority such as a parent or caretaker) when the child is being used as an object for the older child's or adult's sexual needs. Online child sexual abuse is any form of cyber molestation, sexual harassment, exploitation, or abuse that occurs via the Internet.

The anonymity of the Internet and its easy access for perpetrators make it easy to commit online sexual abuse. Perpetrators of online sexual abuse may use tactics such as coercion, manipulation, or blackmail to control or exploit their victims. These contacts or interactions are carried out against the child using force, trickery, bribes, threats or pressure. Online child sexual abuse can have serious psychological and emotional effects on victims, including trauma, depression, and anxiety. Online child abuse also includes "cyber molestation". The rise of digital platforms has led to an alarming increase in online child exploitation, necessitating strict legal frameworks to protect minors.

Various criminal activities and Online abusive behaviors-Online child sexual exploitation includes various criminal activities and abusive behaviors, such as:

1. Grooming - The process where adults manipulate children into engaging in sexual activities, often through trust-building tactics.
2. Live Streaming of Child Exploitation - Broadcasting explicit content involving minors, facilitating abuse in real-time.
3. Child Sexual Abuse Material (CSAM) - The consumption, possession, and distribution of CSAM is a criminal offence under various national and international laws.
4. Coercion and Blackmail - Forcing a minor into sexual activities through threats, manipulation, or extortion.
5. Sexually Explicit Chats with Minors - Engaging in sexually charged conversations with children on online platforms constitutes exploitation.
6. Solicitation of Explicit Content - Requesting or sharing sexually explicit images/videos from minors is a serious offense.
7. Cyber Harassment and Obscenity - Sending hateful, obscene, or unwanted sexual comments directed at a child online.
8. Unsolicited Requests for Nude Content - Persistently requesting minors to share intimate photos or videos, violating their privacy.
9. Online Sexual Incitement - Encouraging a child to perform sexual acts online, either without consent or in an inappropriate setting.
10. Non-Consensual Distribution of Private Content ("Revenge Porn") - Posting or sharing private images or videos of a child without their consent is a punishable offence.
11. Use of Children for Pornographic Content - Exploiting minors for pornographic purposes in any form of media (TV, internet, electronic, or print) for sexual gratification.
12. Exploitation in Online Gaming - Children in online gaming are vulnerable to exploitation through cyberbullying, grooming, and exposure to inappropriate content, often facilitated by anonymous platforms.
13. Online Child Trafficking - Online child trafficking involves the illegal recruitment, transportation, and exploitation of children for sexual or labor-related purposes through digital platforms, often using social media and chat services.

Issue of concern for Children

Porn addiction -Due to accessibility of sexually explicit material on the internet, porn addiction is becoming a growing concern in teenagers. With the click of a button they can be exposed to endless pages of adult content. Viewing pornography can have negative consequences on teenagers down the line, affecting both their psychological and physical well being. ·

Consent Issues in Sharing Indecent Content Between Minors in India under the IT Act and BNS, 2023-The issue of consent in sharing indecent content, especially between minors, has become a growing concern in the context of India's digital landscape. With the widespread use of the internet, social media, and instant messaging platforms, there has been an increase in cases where minors share explicit or indecent content without fully understanding the legal and personal consequences. In India, the Information Technology Act, 2000 (IT Act) and the Bharatiya Nyaya Sanhita, 2023 (BNS, 2023) provide legal frameworks that address such offenses, with specific provisions related to online sexual exploitation, cybercrimes, and child protection. 

Online Abuse of Children and Pedophilia:

The internet has opened up new opportunities for children, but it has also introduced risks such as online abuse and pedophilia. Pedophilic disorder is characterized by recurring, intense sexually arousing fantasies, urges, or behavior involving children (usually 13 years old or younger). Pedophilia involves sexual attraction to children, and online platforms enable predators to exploit children globally. Pedophilia, a criminal offense in most jurisdictions, poses unique challenges in the digital space due to the anonymity and accessibility the internet offers to predators.

Online abuse encompasses exploitation, manipulation, or harm inflicted on children through digital platforms. Predators building relationships with children for sexual exploitation , Distribution of CSAM, Online Sexual Exploitation. Several laws protect children from online abuse and pedophilia in India: POCSO Act, 2012, IT Act, 2000 BNS, 2023 Juvenile Justice Act, 2015 . These laws form a robust legal framework to protect children from online exploitation and abuse, but continuous enforcement and adaptation to evolving technologies are crucial for effective protection.

Legal scenario regarding online sexual harassment against children in India-Sexual exploitation of children is a pervasive and deep-rooted problem that has plagued societies across the world and has been a matter of serious concern in India. India lacks a specific legal framework dedicated to dealing with online sexual crimes against children. At present, there are only a few provisions in the IT Act 2000 and POCSO, 2012 to deal with online sexual harassment against children . Although provisions to some extent exist in the BNS, 2012 relating to sexual offences, they are not adequately tailored to address the specific vulnerabilities and needs of children.

Stalking and Bullying under Indian Law

With the rise of digital interactions and social media, crimes like stalking and bullying have become more prevalent, affecting individuals' privacy, safety, and mental wellbeing. The Bharatiya Nyaya Sanhita (BNS), 2023 and the Protection of Children from Sexual Offences (POCSO) Act, 2012 address these offenses, providing legal definitions, exceptions, and penalties.

Definition of Stalking under the Bharatiya Nyaya Sanhita (BNS), 2023-Section 78 of the BNS, 2023 defines stalking as repeated actions where a man: 

• Follows a woman physically or virtually.
• Contacts her persistently despite disinterest.
• Monitors her online activities without her consent.

These actions infringe on a woman's privacy and create an environment of fear, intimidation, or distress.

Exceptions to Stalking under Section 78 of BNS, 2023

Certain actions, despite appearing as stalking, may be legally justified under specific circumstances, such as:

• Crime Prevention or Detection – If done by law enforcement under lawful authority.
• Legal Compliance – If required under statutory provisions.
• Reasonable and Justified Conduct – If necessary under specific professional or personal situations (e.g., private investigations, journalistic reporting).

Punishment for Stalking under BNS, 2023

• First Conviction – Imprisonment up to three years and/or a fine.
• Second or Subsequent Conviction – Imprisonment up to five years and a fine.

Definition of Stalking and Bullying under the POCSO Act, 2012

Under Section 11(vi) of the POCSO Act, 2012, online stalking and cyberbullying of children are classified as sexual harassment if done with sexual intent for purposes such as:

• Creating pornography.
• Sexual gratification.
• Persistent online harassment.

Since minors are highly vulnerable to cyberstalking and online grooming, any persistent following, contacting, or intimidation of a child is deemed an offense under this provision.

Judicial Interpretation of Stalking

Bombay High Court on Stalking

In Amit v. State of Maharashtra [2025 LiveLaw (Bom) 4], the Bombay High Court clarified the essential elements of stalking under Indian law. The court held:

• The prosecution must prove that the accused repeatedly followed, watched, or contacted the victim, either directly or through electronic or digital media.
• A single instance of following a victim does not amount to stalking; the act must be repetitive and persistent.

This ruling highlights the importance of intent and frequency in determining whether an offense qualifies as stalking under the law.

Child Pornography

Child pornography constitutes one of the gravest crimes, involving the creation, distribution, possession, or consumption of sexually explicit material depicting minors. It fosters child sexual abuse, trafficking, and exploitation, making it imperative to have stringent legal provisions addressing such offenses.

Definition and Judicial Interpretation

The legal definition of child pornography includes any visual depiction of a sexually explicit act involving a minor. The Supreme Court, in Just Rights for Children Alliance v. Harish [2024 SCC OnLine SC 2611], recognized the term "Child Sexual Exploitation and Abuse Material" (CSEAM) as a more accurate representation of the nature of the offense. This judgment reaffirmed that any attempt to store, transmit, or distribute child pornographic material constitutes an offense.

Legislative Framework

POCSO Act, 2012

• Defines child pornography as any photograph, video, or digital depiction of a child engaged in sexually explicit conduct. [Section 2(1)(da)]
• Criminalizes the use of children for pornographic purposes. [Section 14(1)]
• Specifies storage or possession of child pornography as a punishable offense. [Section 15]

Information Technology Act, 2000

• Penalizes a broad range of activities, including: [Section 67B]
• Publishing or transmitting child pornography. [Section 67B]
• Browsing, collecting, or storing such material. [Section 67B]
• Enticing minors into sexual acts online. [Section 67B]
• Possessing records of sexually explicit acts involving children. [Section 67B]

Judicial Precedents on Child Pornography
The Supreme Court in Just Rights for Children Alliance v. S. Harish [2024 SCC OnLine SC 2611] ruled that viewing child pornography itself is a criminal offense under Section 67B. However, accidental downloading of such content is not an offense unless intent to access is established through prosecution records.

The Madhya Pradesh High Court (Gwalior Bench) in Nupur Ghatge v. State of Madhya Pradesh [(MCRC No. 52596 of 2020)] held that uploading child pornographic content on social media falls under Section 67B of the IT Act, which penalizes viewing, sharing, or transmitting such material.

The Kerala High Court in Ajin Surendran v. State of Kerala [(2022 KER 7207)] ruled that storing child pornography on a mobile phone is punishable under Section 15 of POCSO (if intended for sharing) and Section 67B of the IT Act (if browsed or downloaded).

Cyber Tipline Report: Strengthening Enforcement
A Cyber Tipline Report is a mechanism established by the National Center for Missing and Exploited Children (NCMEC) to report suspected cases of online child exploitation, including CSAM, online enticement, and trafficking. This initiative enhances cross-border cooperation in combatting child sexual abuse.

Online Child Trafficking: Challenges and Regulations
Understanding Online Child Trafficking-The rise of the digital age has transformed traditional human trafficking into cyber-trafficking, where the internet is exploited to facilitate child exploitation, forced labor, illegal adoption, and organ trade. Although there is no official legal definition of cyber-trafficking, it broadly encompasses any form of human trafficking conducted through online platforms, including forced virtual prostitution, child pornography, and bonded labor.

According to UNICEF, a trafficked child is anyone under 18 years of age who is recruited, transported, or transferred for exploitation, either within or outside a country. Girls are often trafficked for marriage, sex work, crime, adoption, and organ trade, while boys are primarily exploited for forced labor and begging.Traffickers use social media, dark web forums, encrypted messaging services, and cryptocurrency payments (such as Bitcoin) to operate their illegal networks anonymously. This has made online child trafficking more difficult to detect and prosecute.

Legal Framework in India-India has comprehensive legal provisions to combat online child trafficking through various laws and regulations:

• Immoral Traffic (Prevention) Act, 1956 - This is the primary law in India for preventing and penalizing human trafficking for sexual exploitation. It criminalizes brothels, procuring, and soliciting under any medium, including online platforms.
• Bhartiya Nyaya Sanhita, 2023 - Replaces the Indian Penal Code (IPC) and includes stringent provisions against human trafficking. Covers digital and online trafficking as an aggravated offense with severe penalties.
• Protection of Children from Sexual Offences (POCSO) Act, 2012
  • Section 14 and 15 - Criminalize child pornography and its online distribution.
  • Section 11 and 12 - Address grooming and online enticement of minors for exploitation.
• Information Technology (IT) Act, 2000
  • Section 67B - Penalizes the publication, transmission, and viewing of child sexual abuse material (CSAM).
  • Strengthens digital surveillance to track online traffickers.
• Juvenile Justice (Care and Protection of Children) Act, 2015
  • Protects children in need of care and protection, including victims of trafficking.
  • Provides for rehabilitation and reintegration of trafficked children.
• Transplantation of Human Organs Act, 1994 - Regulates organ transplantation to prevent illegal trade of human organs, which is a major motive for child trafficking.

Morphing and Revenge Porn in India
The rapid expansion of the digital space has led to an increase in cybercrimes, including morphing and revenge porn, which disproportionately affect women and young girls. These offenses involve the unauthorized manipulation or distribution of sexually explicit images and can have severe legal, emotional, and psychological consequences for victims.Morphing refers to the alteration or digital manipulation of a person's images using software tools available online. Cybercriminals often extract images from social media or other online platforms and modify them to create pornographic content, fake profiles, or sexually suggestive media.
 These manipulated images are then used for:

• Blackmail and extortion.
• Sexting and online harassment.
• Creating deepfake pornographic content.
• Online defamation and character assassination.

Impact of Morphing on Victims

Victims of morphing often suffer from:

• Severe emotional and psychological trauma.
• Social stigma and reputational damage.
• Threats and coercion from perpetrators.
• Fear of public exposure, affecting personal and professional life.

What is Revenge Porn?

Revenge porn, a form of digital sexual abuse, involves the nonconsensual distribution of sexually explicit images or videos with the intent to harass, humiliate, or blackmail the victim. It often occurs after:

• Breakups in relationships.
• Misuse of private media shared in trust.
• Hacking and unauthorized access to personal devices.

Legal Definition and Concerns

Though Indian law does not specifically define "revenge porn," it is treated as a serious offense under existing legal provisions related to cybercrime, privacy violations, and sexual harassment. The online distribution of sexually explicit material without consent is punishable under multiple legal frameworks.
Legal Provisions on Morphing and Revenge Porn in India-While India does not have specific laws recognizing revenge porn, the criminal justice system addresses such offenses under multiple legal statutes:

1. Information Technology (IT) Act, 2000
   • Punishes the publication or transmission of obscene material in electronic form (punishable with imprisonment up to 3 years and a fine). [Section 67]
   • Criminalizes the publication or transmission of sexually explicit material, including morphed and deepfake images (punishable with imprisonment up to 5 years and a fine). [Section 67A]
   • Deals with child pornography, prohibiting the creation or distribution of sexually explicit material involving minors. [Section 67B]
      
2. Bhartiya Nyaya Sanhita, 2023 (Replaces IPC)
   • Punishes voyeurism, including the unauthorized capturing, sharing, or circulating private images of a woman. [Section 77]
   • Addresses cyberstalking and repeated online harassment, which includes morphing and threats related to revenge porn. [Section 78]
   • Covers extortion and blackmail, which are common tactics used by perpetrators of revenge porn and morphed image blackmail. [Section 308]
   • Covers defamation, making the online circulation of morphed or obscene images punishable. [Section 356]
      
3. Protection of Women from Domestic Violence Act, 2005
   • Defines mental, emotional, and sexual abuse, including revenge porn and morphing as acts of domestic violence if committed by an intimate partner or spouse. [Section 3]
      
4. Bhartiya Sakshya Adhiniyam, 2023
   • Digital evidence related to morphing and revenge porn can be presented under electronic records in court under Section 63, allowing victims to seek legal remedies.

Preventive Measures and Safeguarding Children Against Online Offenses: Legal and Practical Measures- With the rise of digital platforms and social media, children are increasingly vulnerable to online crimes, including morphing, cyberbullying, stalking, and exploitation. To protect children from such offenses, individuals must take preventive measures and be aware of the legal remedies available under Indian law. Children must be protected from online risks like cyberbullying, harmful content, and privacy breaches. Preventing online child sexual abuse requires stronger laws, awareness, and global cooperation.

Easy access to pornography is fueling addiction among teenagers, impacting their mental and physical health. Instead of punishment, education and counseling are key to prevention and recovery. To reduce the risks associated with online crimes against children, the following safety measures should be adopted:

• Strengthening Social Media Privacy Settings
  • Restrict access to personal profiles to trusted individuals only.
  • Avoid sharing personal photos publicly.
  • Do not upload private photographs, especially of minors, on public social media platforms.
  • Ensure that only close friends and family can view personal content.
  • Use watermarks on shared pictures.
  • It reduces the risk of photo manipulation by cybercriminals.
  • Enable two-factor authentication (2FA) to enhance security.
  • Use strong and unique passwords that are difficult to guess.
  • Preserve evidence for future legal action.
  • Do not suffer in silence—reach out to trusted family members, friends, or legal authorities.
     
• Victim Assistance and Rescue
  • FIR will be lodged at the local police station/cyber cell.
  • ZERO FIR / E-FIR also available.
  • Online complaint portal for complaints of cyberbullying, cyberstalking, morphing, and child pornography against children.
  • National Children Commission has opened POCSO e-box to deal with child-specific cyber crime:
    • Complaint about cyberbullying, cyberstalking, photo morphing, and child pornography through the e-box button on the National Child Commission website.
    • Emailing at pocsoebox-ncpcr@gov.in.
    • Registering via phone number: 9868235077.
  • Report suspicious phone numbers, WhatsApp identities, or URLs on the National Cyber Crime Reporting Portal under 'suspicious data'.
  • Report on the Chakshu portal of the Department of Communication, Government of India.
  • Report by calling Cyber Crime Helpline 1930.
  • Follow @Cyberdost on Twitter for the latest information on cyber crimes in India.
  • Report for removal or block—Report such content to any social media platform or website to remove or block it.
  • Report to Police—File a report immediately with the cyber cell of the District/Local police.
  • An aggrieved person can file a complaint for breach of confidentiality before a law enforcement agency.

Conclusion:
Morphing, revenge porn, stalking, and bullying harm individuals' privacy and dignity. Urgent action is needed for stronger legislation, faster legal recourse, and public awareness on digital safety. The issue of consent in sharing explicit content between minors is criminal under Indian law, emphasizing the need for legal safeguards against exploitation. As online child exploitation grows, strong laws, awareness, and enforcement are vital to protect children.

Governments, digital platforms, and society must work together to prevent abuses and uphold children's rights. The POCSO Act 2012 and IT Act ,2000 provide solid legal frameworks against child pornography and exploitation, reinforced by judicial precedents. The BNS, 2023 and POCSO Act 2012 ensure victims can seek redress, but swift enforcement is essential. Protecting children from online dangers requires security measures, education, and legal protections. Collaboration between law enforcement, governments, and international agencies is key to justice and child safety.