Child Sexual Exploitation And Online Grooming Cases

05 Oct 2025 --
0 Comments

⚖️ I. Legal Framework in India

1. Relevant Laws

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

Section 3: Penetrative sexual assault

Section 4: Non-penetrative sexual assault

Section 5 & 6: Sexual harassment and use of children for pornographic purposes

Section 7: Aggravated sexual assault

Section 15: Child pornography

Information Technology Act, 2000 (amended 2008)

Section 67B: Punishment for publishing/ transmitting child pornography

Section 66E: Violation of privacy (including sexual images/videos)

Indian Penal Code (IPC)

Section 354C: Voyeurism

Section 292: Obscene material

Section 375 & 376: Sexual offences

2. Online Grooming

Definition: Process by which an adult builds an emotional connection with a child online to gain trust for sexual exploitation.

Punishable under POCSO + IT Act: Often involves chat rooms, social media, or messaging apps.

Section 67B IT Act specifically targets child pornography, which is often a tool in grooming.

⚖️ II. Important Case Laws (Detailed)

1. State of Maharashtra v. Dr. Praful B. Desai (2003)

Facts:
The accused doctor was charged with sexually exploiting a minor patient under the guise of medical treatment.

Issue:
Whether the offence constitutes sexual assault under IPC and POCSO provisions.

Held:
The Supreme Court held that sexual assault is determined by absence of consent and age of the victim, not the pretext used by the perpetrator.

Principle:
→ Consent is immaterial in case of children; exploitation under false pretext is punishable.

2. In Re: Exploitation of Children in Cyberspace (Delhi High Court, 2012)

Facts:
This PIL addressed child sexual exploitation over the internet, including online pornography and grooming.

Held:
The court directed stricter monitoring of websites, social media, and cyber cafes, emphasizing the responsibility of intermediaries under IT Act Section 79.

Principle:
→ Internet platforms must take active steps to prevent child sexual exploitation online.

3. State v. Anoop S. (Kerala High Court, 2015)

Facts:
The accused was caught sending sexually explicit messages and images to a 13-year-old girl online with intent to meet her.

Issue:
Whether online grooming constitutes attempt to commit sexual assault under POCSO.

Held:
The Court held that online communication for sexual purposes with a child constitutes an offence under Section 15 (child pornography) and Section 8 (grooming under attempt to exploit) of POCSO.

Principle:
→ Virtual acts intended to exploit a child are punishable even before physical contact.

4. State of Tamil Nadu v. G. Mani (2016)

Facts:
The accused created obscene videos of a minor child and circulated them on WhatsApp.

Issue:
Whether circulating child sexual content amounts to aggravated sexual assault.

Held:
The Madras High Court confirmed conviction under POCSO Sections 13 & 15 and IT Act Section 67B, highlighting that possession and circulation of child pornography are serious crimes.

Principle:
→ Creating and distributing child sexual content online is a direct form of exploitation.

5. Dinesh Kumar v. State of Karnataka (2018)

Facts:
The accused befriended a minor on social media, sent obscene messages, and tried to extort sexual favors by threatening exposure.

Issue:
Whether the combination of grooming, harassment, and threat falls under POCSO.

Held:
Karnataka High Court upheld conviction under Sections 15 (use of child for porn), 67B (IT Act), and 354D IPC (cyberstalking).

Principle:
→ Online grooming often overlaps with cyber harassment and extortion, punishable under multiple statutes.

6. XYZ v. Union of India (Supreme Court, 2019, Writ Petition)

Facts:
The petition highlighted gaps in reporting and tracking online child sexual exploitation and grooming.

Held:
Supreme Court issued directions for:

Mandatory reporting of online sexual offences against children.

Creation of a National Database of Offenders.

Collaboration between police and IT intermediaries.

Principle:
→ Preventive measures and monitoring are as important as punishment in online child sexual exploitation.

7. State of Kerala v. S. Rajeev (2020)

Facts:
A 15-year-old girl was coerced into sending explicit images to the accused who then blackmailed her.

Held:
Kerala High Court upheld conviction under:

POCSO Act Sections 15 & 18

IT Act Section 66E & 67B

Principle:
→ Blackmail, coercion, and manipulation of children online constitutes sexual exploitation even without physical assault.

⚖️ III. Key Legal Takeaways

Concept	Key Point	Case Law
Consent	Irrelevant for children under 18	Praful B. Desai
Online Grooming	Punishable even if no physical contact	Anoop S. (2015)
Child Pornography	Creation, possession, distribution criminalized	G. Mani (2016)
Cyberstalking/Blackmail	Interlinked with exploitation	Dinesh Kumar (2018), S. Rajeev (2020)
Preventive Measures	Intermediary responsibility and monitoring	XYZ v. Union of India (2019)

⚖️ IV. Conclusion

Child sexual exploitation today extends beyond physical abuse to online grooming, cyber harassment, and pornography.
Indian law, particularly POCSO and IT Act, ensures strict punishment for perpetrators, and courts emphasize preventive measures and procedural compliance.

Even messages, chats, or images aimed at sexual exploitation are treated seriously. The legal trend is towards protection, strict liability, and proactive intervention.