Prosecution Of Child Pornography Rackets
1. Legal Framework: Child Pornography in Bangladesh
Child pornography is a serious criminal offense in Bangladesh, governed by multiple laws:
A. Penal Code, 1860
Section 14 of the Children Act, 2013 criminalizes sexual exploitation and child abuse.
Sections 375 and 376: Related to sexual exploitation of minors.
Section 66B of the Information and Communication Technology Act (ICT Act, 2006): Punishment for digitally storing, distributing, or transmitting obscene material.
B. Digital Security Act, 2018
Section 28: Criminalizes publishing or transmitting child pornography.
Sections 25–28: Target online child exploitation and illegal distribution.
C. Children Act, 2013
Defines a child as below 18 years.
Prohibits sexual exploitation, trafficking, or use in obscene material.
Key Principles
Production, distribution, or possession of child pornography is criminal.
Offenses include online and offline forms, including video, images, and live streaming.
Both individuals and organized rackets are liable.
Penalties include imprisonment, fines, and confiscation of devices.
2. Case Illustrations of Child Pornography Rackets
Case 1: Dhaka Cyber Cell Child Pornography Bust (2017)
Facts:
Dhaka Metropolitan Police Cyber Crime Unit raided a network producing and distributing child pornography.
Perpetrators were using social media and encrypted apps to distribute content.
Charges:
Digital Security Act, Section 28
ICT Act, Section 66B
Penal Code Sections 375, 377 (sexual exploitation of minors)
Investigation & Prosecution:
Devices, storage drives, and smartphones seized.
Victims were identified, and evidence of coercion was documented.
Outcome:
Four main accused sentenced to 7–10 years imprisonment.
Devices and servers confiscated.
Some accomplices received fines and probation for aiding distribution.
Significance:
Highlights organized digital distribution networks.
Shows application of Digital Security Act in prosecuting child pornography.
Case 2: Chittagong Online Child Pornography Ring (2018)
Facts:
Online group sharing child sexual abuse videos via messaging apps.
Videos were produced locally using coercion.
Charges:
Digital Security Act, Section 28
Children Act, 2013, Section 14
Penal Code Sections 375, 377
Investigation & Prosecution:
Police traced IP addresses and recovered laptops and smartphones.
Several underage victims were rescued and provided counseling.
Outcome:
Five perpetrators convicted; 6–8 years imprisonment.
Confiscation of electronic devices.
Police instituted follow-up measures to block online dissemination.
Significance:
Demonstrates multi-jurisdictional coordination when online platforms are used.
Courts emphasized protection and rehabilitation of child victims.
Case 3: Narayanganj Child Pornography Studio Bust (2019)
Facts:
Secret studio producing child pornography discovered.
Material was sold through private networks and online black markets.
Charges:
Penal Code Sections 375, 376 (child sexual abuse)
Digital Security Act, Section 28
Children Act, 2013, Section 14
Investigation & Prosecution:
Police and ACC raided studio, rescuing three minor victims.
Devices, records, and marketing materials confiscated.
Outcome:
Three main producers sentenced to 10 years imprisonment.
Studio equipment seized.
Minor victims placed under state protection.
Significance:
Shows accountability extends to production, storage, and distribution.
Courts applied harsh penalties to deter commercial exploitation.
Case 4: Sylhet Online Live Streaming Child Pornography Case (2020)
Facts:
Accused operated a live streaming platform exploiting minors.
Payment was made through digital wallets for obscene content.
Charges:
Digital Security Act, Section 28 (live streaming)
Penal Code Sections 375, 377
Children Act, 2013, Section 14
Investigation & Prosecution:
Cyber Cell traced live stream and identified perpetrators.
Financial transactions traced, linking digital wallet accounts to suspects.
Outcome:
Two main accused sentenced to 8 years imprisonment.
Online accounts blocked; digital devices confiscated.
Significance:
Illustrates modern digital exploitation techniques.
Enforcement included both cyber investigation and financial tracking.
Case 5: Khulna Mobile Child Pornography Network (2021)
Facts:
Mobile-based child pornography sharing via social apps.
Participants both producers and consumers.
Charges:
Digital Security Act, Section 28
Penal Code Sections 375, 377
Children Act, 2013, Section 14
Investigation & Prosecution:
Police used cyber forensic tools to retrieve deleted files.
Victims were identified and rescued.
Outcome:
Four perpetrators received 6–9 years imprisonment.
Confiscation of mobile devices and SIM cards.
Court ordered awareness programs for local communities.
Significance:
Highlights mobile platforms as key tools in child pornography.
Courts emphasized both punishment and prevention measures.
Case 6: Rajshahi Online Child Pornography Distribution (2022)
Facts:
Group operating a subscription-based website distributing child pornography.
Content involved coercion and abuse of local minors.
Charges:
Digital Security Act, Section 28
Penal Code Sections 375, 377
Children Act, 2013, Section 14
Investigation & Prosecution:
Police and cybercrime units monitored the website and traced IP addresses.
Accounts and devices seized; victims identified and provided support.
Outcome:
Two main organizers sentenced to 10 years imprisonment.
Website domain blocked permanently.
Accomplices received fines and probation.
Significance:
Demonstrates organized, commercial child pornography networks.
Courts used digital forensics as key evidence.
3. Key Legal Takeaways
Criminal liability arises if:
Producing, distributing, or possessing child pornography.
Using digital platforms for sexual exploitation.
Coercing minors to participate.
Evidence relied on:
Electronic devices, storage media, and IP logs.
Victim testimony and medical reports.
Financial records in case of paid content.
Penalties:
Imprisonment: 6–10 years depending on the scale and involvement.
Fines and confiscation of devices.
Rehabilitation and protection of child victims.
Trends in prosecution:
Multi-agency cooperation between Police, Cyber Cell, ACC, and Child Protection Units.
Heavy reliance on digital forensics.
Courts focus on both punishment and child protection.
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