E. SEXUAL HARASSMENT AND PUNISHMENT THEREFOR
SECTION 11 --- SEXUAL HARASSMENT.
A person is said to commit sexual harassment upon a child when such person with sexual intent,—
i. utters any word or makes any sound, or makes any gesture or exhibits any object or part of body with the intention that such word or sound shall be heard, or such gesture or object or part of body shall be seen by the child; or
ii. makes a child exhibit his body or any part of his body so as it is seen by such person or any other person; or
iii. shows any object to a child in any form or media for pornographic purposes; or
iv. repeatedly or constantly follows or watches or contacts a child either directly or through electronic, digital or any other means; or
v. threatens to use, in any form of media, a real or fabricated depiction through electronic, film or digital or any other mode, of any part of the body of the child or the involvement of the child in a sexual act; or
vi. entices a child for pornographic purposes or gives gratification therefor.
EXPLANATION.—
Any question which involves “sexual intent” shall be a question of fact.
SECTION 12 -- PUNISHMENT FOR SEXUAL HARASSMENT.—
Whoever, commits sexual harassment upon a child shall be punished with imprisonment of either description for a term which may extend to three years and shall also be liable to fine.
CHAPTER III
USING CHILD FOR PORNOGRAPHIC PURPOSES AND PUNISHMENT THEREFOR
SECTION 13 --- USE OF CHILD FOR PORNOGRAPHIC PURPOSES.—
Whoever, uses a child in any form of media (Including programme or advertisement telecast by television channels or internet or any other electronic form or printed form, whether or not such programme or advertisement is intended for personal use or for distribution), for the purposes of sexual gratification, which includes—
a. representation of the sexual organs of a child;
b. usage of a child engaged in real or simulated sexual acts (with or without penetration);
c. the indecent or obscene representation of a child, shall be guilty of the offence of using a child for pornographic purposes.
EXPLANATION.—
For the purposes of this section, the expression ‘‘use a child’’ shall include involving a child through any medium like print, electronic, computer or any other technology for preparation, production, offering, transmitting, publishing, facilitation and distribution of the pornographic material.
SECTION 14
PUNISHMENT FOR USING CHILD FOR PORNOGRAPHIC PURPOSES.—
Whoever uses a child or children for pornographic purposes shall be punished with imprisonment for a term which shall not be less than five years and shall also be liable to fine and in the event of second or subsequent conviction with imprisonment for a term which shall not be less than seven years and also be liable to fine.
Whoever using a child or children for pornographic purposes under sub-section (1), commits an offence referred to in section 3 or section 5 or section 7 or section 9 by directly participating in such pornographic acts, shall be punished for the said offences also under section 4, section 6, section 8 and section 10, respectively, in addition to the punishment provided in sub-section (1).]
SECTION 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 possesse 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.”
CHAPTER IV
ABETMENT OF AND ATTEMPT TO COMMIT AN OFFENCE
SECTION 16 --- ABETMENT OF AN OFFENCE.—
A person abets an offence, who—
First.— Instigates any person to do that offence; or
Secondly.— Engages with one or more other person or persons in any conspiracy for the doing of that offence, if an act or illegal omission takes place in pursuance of that conspiracy, and in order to the doing of that offence; or
Thirdly.— Intentionally aids, by any act or illegal omission, the doing of that offence.
EXPLANATION I.—
A person who, by wilful misrepresentation, or by wilful concealment of a material fact, which he is bound to disclose, voluntarily causes or procures, or attempts to cause or procure a thing to be done, is said to instigate the doing of that offence.
EXPLANATION II.—
Whoever, either prior to or at the time of commission of an act, does anything in order to facilitate the commission of that act, and thereby facilitates the commission thereof, is said to aid the doing of that act.
EXPLANATION III.—
Whoever employ, harbours, receives or transports a child, by means of threat or use of force or other forms of coercion, abduction, fraud, deception, abuse of power or of a position, vulnerability or the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of any offence under this Act, is said to aid the doing of that act.
SECTION 17--- PUNISHMENT FOR ABETMENT
Whoever abets any offence under this Act, if the act abetted is committed in consequence of the abetment, shall be punished with punishment provided for that offence.
EXPLANATION.—
An act or offence is said to be committed in consequence of abetment, when it is committed in consequence of the instigation, or in pursuance of the conspiracy or with the aid, which constitutes the abetment.
SECTION 18 -- PUNISHMENT FOR ATTEMPT TO COMMIT AN OFFENCE --
Whoever attempts to commit any offence punishable under this Act or to cause such an offence to be committed, and in such attempt, does any act towards the commission of the offence, shall be punished with imprisonment of any description provided for the offence, for a term which may extend to one half of the imprisonment for life or, as the case may be, one-half of the longest term of imprisonment provided for that offence or with fine or with both.