The offence is a cognizable offence, hence once convicted a person cannot get probation. A person could be prosecuted for possessing and promoting child pornography.
32,608 cases were reported in 2017 while 39,827 cases were reported in 2018 under the POCSO Act. Not only that, in the very recent times on an unfortunate note the consumption of Child Pornography in India spiked by 95% during the period of lockdown. Keeping in mind an alarming rate of increase in such incidents and cases government took a major step in year 2019 to amend the existing Act by passing a bill in Rajya Sabha which emphasised on increase the punishment for offenders upto 20 years in jail or even death penalties in rare cases, for committing an heinous crime of child abuse.
According to the Act, all the incidents of child sexual abuse are mandatory to be reported. Abstaining from reporting the crime, is also a crime and can lead upto six months of jail. To control the cases government introduced an official site to dodge a complaint.
However, since India strongly believe in ‘Audi Alteram Partem’ in cases where a person is falsely alleged of the crime, he/she can hire a lawyer to prove the contrary.
On a positive side, the law does not consider it as a ‘slight harm’ instead it is commended to be a detested crime even as a society.