Information Technology
Rajesh B Shah
(Querist) 11 May 2010
This query is : Resolved
Dear Sir, a minor has done child pornography and the police has filed complain against him. There is no any other crime and this was done in school students group. More than 12 students were together but the computer was used from the residence of minor and there fore their is a charged of pornography under information technology act. The student is bright in his study and through out his career is above 85%. What can be the defence to come out from this issue.
Guest
(Expert) 11 May 2010
Being the minor, his case will be dealt under Juvenile Act, hence, punishment will be lenient considering his age. Further, the pleas like 'first time offence', 'best in studies' can be put forward during the trial. (by the by, studies and criminal activities cannot be compared!)
Arvind Singh Chauhan
(Expert) 11 May 2010
Even if he is convicted-
SEC – 19 OF THE JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2000
ACT NO. 56 OF 2000
Removal of disqualification attaching to conviction.-
(1) Notwithstanding anything contained in any other law, a juvenile who has committed an offence and has been dealt with under the provisions of this Act shall not suffer disqualification, if any, attaching to a conviction of an offence under such law.
(2) The Board shall make an order directing that the relevant records of such conviction shall be removed after the expiry of the period of appeal or a reasonable period as prescribed under the rules, as the case may be.
Parthasarathi Loganathan
(Expert) 11 May 2010
Since it relates to offense committed by group of 12 students, Excellent Studies, etc relate to only to one boy which cannot be prayed in the defense unless it is proved that this criminal act is influenced by eleven other students
