In the digital era, where many problems can be solved with just a click, as we know that every coin has two faces, the online world also has a darker side, which poses significant risks, especially to children, who are particularly vulnerable to these dangers. The vastness, anonymity, and volatile nature of the internet, combined with inherent innocence and susceptibility to manipulation, make it easier for offenders to commit crimes and evade detection, thereby intensifying the risks faced by children online. The internet has become an inseparable part of our lives.

While the internet poses significant dangers to children, it also has numerous advantages that help them grow and thrive. Instructive stages provide important learning assets, cultivating scholastic development and interest. Children can maintain relationships and support networks across distances by using communication tools and social media.

Access to a vast amount of information expands their knowledge and comprehension of the world, and creative platforms encourage self-expression and artistic exploration. Perceiving these benefits highlights the significance of offsetting web use with vigorous security measures, like the Assurance of Kids from Sexual Offenses, which is vital in protecting youngsters against the advanced dangers they face.

The Protection of Children from Sexual Offenses (POCSO) Act was enacted on November 14th, a day known throughout India as Children's Day. The significance of this comprehensive law is emphasized on this date, which serves as a reminder of the nation's dedication to protecting its children. The POCSO Act is quite comprehensive, being one of a handful of the regulations in India that are unbiased, guaranteeing that all kids, paying little heed to orientation, are safeguarded under its arrangements. It includes many offenses, from inappropriate behaviour to the utilization of minors for explicit purposes, and commands kid-friendly strategies to limit injury during lawful cycles.

Nonetheless, notwithstanding its expansive extension and moderate nature, the demonstration faces difficulties in its execution, especially in tending to be computerized wrongdoings. Occasions have shown that the intricacies of online offenses, combined with holes in requirement and mindfulness, have rendered the POCSO Act less compelling in cybercrimes. This emphasizes the need for ongoing legal reform and adaptation to keep up with the ever-changing threats children face.

Cybercrimes against Children

Every coin has two faces, as does the digital world. Technology becomes an integral part of our daily lives, be it for communication, education, commerce and banking, entertainment, work, healthcare, or social purposes. Society is becoming so technologically dependent day by day that it has become nearly inescapable for children to avoid the darker aspects of digital life.

With the worldwide pandemic brought about by COVID-19, people gained a better understanding of the advantages of technology. At the same time, it becomes a medium for online predators to exploit and abuse children in the technology-connected world. Due to an increase in the calls on the child-line number, an emergency service number for the children. The Supreme Court of India took Suo moto cognizance of the matter to eliminate the risk of abuse and violence against children during lockdown.

Some of the most common cybercrime against children is:

• Sexual Abuse of Children: This includes online sexual exploitation of children over phone calls as well as child sexual abuse materials like pornographic images or videos.
• Cyberbullying: This refers to messages and comments directed at the child victim that are harsh, mean, abusive, or cruel. Children's innocence makes it easy for cybercriminals to bully them on virtual platforms.
• Child Grooming: First, the offender creates an emotional bond with the child victim so that it will be easy for them to manipulate the child victim for the sexual act.
• Phishing and Impersonation: Tricking a child into sharing personal information, passwords, or other sensitive data by pretending to be someone else. After phishing, the perpetrators may begin to blackmail the victim and potentially exploit them sexually.

Sextortion involves offenders threatening a child victim with the release of confidential information or harm if the victim does not produce explicit images or videos.

There are numerous types of cybercrimes against children that have yet to be fully identified, but many are experienced by them on a daily basis. While various laws, such as certain sections of the Indian Penal Code (IPC), the Information Technology Act, and the Protection of Children from Sexual Offenses (POCSO) Act, aim to address these issues, the complexity and scope of cybercrimes present significant challenges. The next section will explore these legal frameworks in detail, analysing their effectiveness and limitations.

POCSO Act 2012:

India ratified the United Nations Convention on the Rights of the Child (UNCRC), yet the country lacked specific legislation to protect children from sexual offenses for many years. While certain sections of the Indian Penal Code (IPC) addressed child sexual abuse, these provisions were insufficient to address the unique nature of sexual crimes against children. The IPC primarily focused on issues related to girl children and did not adequately address the sexual abuse of male children. Consequently, the IPC alone could not effectively tackle the severity of these crimes.

As cases of child sexual abuse continued to rise, the Protection of Children from Sexual Offenses (POCSO) Act was enacted in 2012. This comprehensive, child-centric legal framework was introduced to fill the gaps left by the IPC and to provide gender-neutral protection for all children. The POCSO Act ensures a sensitive judicial process designed to minimize the trauma experienced by victims. It also promotes mandatory reporting of sexual abuse against children and prescribes stringent punishments to deter offenders from committing such heinous acts. The POCSO Act aims to safeguard children and uphold their rights in an increasingly complex and challenging environment.

Section, which deals with Cyber Crimes:

• Section 11 (Sexual Harassment): This section defines sexual harassment of a child, which can include the use of electronic communication, such as sending sexually explicit content to a child. This could involve texting, messaging, or emailing obscene or sexually suggestive material.
   
• Section 13 (Use of Child for Pornographic Purposes): This section deals with the use of a child for pornographic purposes, which includes the digital creation, distribution, or transmission of child pornography. Under this section, creating, possessing, or circulating any child pornography content falls under the purview of cybercrimes.
   
• Section 14 (Punishment for Using Children for Pornographic Purposes): It prescribes stringent punishments for anyone who uses a child for creating, possessing, or circulating pornography. This includes digital media such as images, videos, and audio content shared over the internet.
   
• Section 15 (Punishment for Storage of Pornographic Material Involving Children): This section addresses the storage of pornographic material involving children. If someone knowingly possesses or stores any such content, even in a digital format, it is punishable under this section.
   
• Section 67(b): Whoever, in electronic form, publishes or transmits or causes to be published or transmitted material which is lascivious or appeals to the prurient interest, shall be punishable with imprisonment of either description for a term which may extend to five years and with a fine which may extend to ten lakh rupees.

The sections of the POCSO Act of 2012, along with Section 67 of the Information Technology (IT) Act of 2000, provide a legal framework to combat the creation, distribution, and storage of child pornography, as well as to penalize those who engage in online sexual harassment, which is crucial in addressing the growing concern about cybercrimes against children. By unequivocally including advanced and electronic media within its ambit, the demonstration guarantees that guilty parties who exploit kids in the online realm are considered responsible under the law.

Prajwala v. Union of India: Case Analysis[1]

The Prajwala v. Union of India case revolves around the alarming issue of child sexual abuse material (CSAM) being widely circulated online, which brought to light the insufficiencies of the existing legal framework, particularly the Protection of Children from Sexual Offenses (POCSO) Act. Prajwala, an NGO based in Hyderabad, took a proactive step by addressing a letter to the Supreme Court of India, which was subsequently converted into a Public Interest Litigation (PIL). This case emphasizes the need for more stringent laws to combat the online sexual exploitation of children, an area where the POCSO Act was found lacking.

Facts of the Case:

• The case began when Prajwala reported the discovery of videos depicting the sexual abuse of minors that were being freely circulated online.
• The organization argued that the proliferation of such content underscored the inadequacies in the POCSO Act, particularly in addressing the challenges posed by digital platforms in preventing and prosecuting the dissemination of CSAM.
• The case highlighted how the existing legal mechanisms were not sufficient to deal with the dynamic and borderless nature of cybercrimes, especially those involving children.

Issues:

• The primary legal issue in this case was whether the current provisions under the POCSO Act and other related laws were sufficient to effectively tackle the issue of child sexual abuse material on the internet.
• The case raised critical questions about the role of internet intermediaries in controlling the spread of such content and whether there was a need for stronger legal provisions to address the unique challenges posed by the digital realm.

Arguments put forth:

• Prajwala argued that the existing laws, including the POCSO Act, were not only insufficient in terms of punishment but also failed to provide clear guidelines for the prevention of online child sexual exploitation.
• The NGO stressed that the law needed to be updated to reflect the complexities of the internet and the ease with which such illegal content could be shared and accessed.
• On the other hand, the Union of India acknowledged the concerns but maintained that efforts were being made to strengthen the legal framework, including potential amendments to the Information Technology (IT) Act.

Court's Observation:

• The Supreme Court, upon hearing the case, observed that the POCSO Act, as it stood, was not adequately equipped to deal with the challenges of cybercrimes involving children.
• The Court noted the necessity of adopting a comprehensive approach that would include stricter regulations, improved technology for tracking and removing illegal content, and greater accountability for internet intermediaries.
• Recognizing the growing threat of online child exploitation, the Court directed the government to establish a committee to develop policies aimed at preventing and combating these crimes more effectively.

Conclusion:
The Prajwala v. Union of India case serves as a pivotal moment in the ongoing efforts to address the gaps in the POCSO Act concerning the online exploitation of children. The Supreme Court's involvement underscored the urgent need for legal reforms and proactive measures to better protect children in the digital age. The case remains a cornerstone in the discourse on the intersection of law, technology, and child protection in India.

The law's inability to cope with technological advancements:
Technology has been improving at a faster pace in all sectors. AI capabilities and use in particular have been growing, and it seems like every year brings us to a new decade, as if we have skipped 5 years in advance and ended on something that we did not even imagine just a year ago. Some AI applications, like GPT-3, were developed in the last 12 months. To many, it is visible that there's a huge gap between the advancement happening and our old laws.

Our legal system is full of old laws, and politicians and regulators often step back to understand the advancements in AI. But there's no question that regulators face a lot of problems and challenges in trying to keep up with rapidly changing technology. Government agencies, including the White House Office of Technology and the Homeland Security Privacy Office, literally published a book about the strategies policymakers can use to keep up with tech like AI.

To work on flexibility, we first need to create laws regarding cyber threats, attacks, and more. On an everyday basis, we read news and articles related to AI and how AI is becoming a part of our lives. Humans are even getting emotionally attached to and involved with AI-generated people, but we are lacking in advancement in our laws, we are lacking differences, or the gap is getting wider. India is accepting and working on digital India, as our Prime Minister promised for the same.

The initiative of Digital India has introduced a new bill, the Digital Personal Data Protection Bill, 2022. To understand the importance of emerging technologies and then consequently provide for them in our laws, what continues to be of utmost importance is a dialogue between experts from the cyber security, technology, and legal communities. In the month of April, the controversy between the Indian government and AI got a lot of attention. It was said by the government that they see AI as the kinetic enabler. The Indian government had stoked controversy by going against the tide.

In a written reply in the Lok Sabha, the Ministry of Electronics and IT (MeitY) said, "The government is not considering bringing a law or regulating the growth of artificial intelligence in the country. The government feels that putting in regulations or restrictions would harness the growth. There are no laws regarding AI regulations; just basic checks are being done. In the growing stage, the government is accepting artificial intelligence but is not getting to the point that it is widening the gap between their old laws and advancement here."

Root causes and solution:
The rapid proliferation of smartphones and high-speed internet has significantly influenced the behaviours and experiences of children, often leading them into wrongful activities. Easy access to these technologies facilitates practices like sexting, where children may share sexually explicit messages and images without fully understanding the consequences. This lack of awareness extends to the risks of cyberbullying, sexual harassment, and blackmail.

Additionally, exposure to pornography at an early age has been linked to increased sexual misconduct, with children sometimes mimicking behaviours seen online. This issue is compounded by the lack of comprehensive sex education, leaving children ill-prepared to navigate online risks and making them more susceptible to engaging in inappropriate activities. Furthermore, social networking sites and chat platforms often enable such behaviour, with inadequate measures in place to prevent misuse.

The Protection of Children from Sexual Offenses (POCSO) Act, enacted to protect children from sexual crimes, faces challenges in addressing these evolving digital threats, highlighting the need for enhanced protective measures and awareness to effectively safeguard children in the digital age [2]

To effectively address the issue of digital crimes against children, several measures need to be implemented. First, parents should set clear rules, such as limiting internet usage, using child locks, and implementing parental controls. Encouraging outdoor activities can also reduce online exposure. Education on laws like the POCSO Act and cybercrime regulations should be integrated into elementary school curricula to raise awareness among young students, potentially reducing such offenses. The POCSO Act currently lacks explicit definitions for digital crimes, such as'sexting' or ‘obscene material,' and does not provide a detailed procedure for handling these crimes. An amendment is needed to define these crimes clearly and establish stricter punitive measures.

Additionally, the current investigative system is underdeveloped, with police lacking specialized knowledge in digital crimes. To address this, training programs should be established in collaboration with governmental and non-governmental organizations. Awareness is crucial; a 2022 survey revealed that 52.7% of people are unaware of cybercrimes, leading to underreporting. Incorporating cybercrime education into primary curricula and conducting regular awareness campaigns can help. Furthermore, increasing the number of female inspectors would facilitate more sensitive handling of cases, as mandated by the POCSO Act, considering the limited representation of women in the police force.

Conclusion
The Protection of Children from Sexual Offenses (POCSO) Act of 2012 was a significant step towards safeguarding children from sexual abuse and exploitation in India. However, with the rapid evolution of technology and the rise of cybercrime, the Act's scope and effectiveness in addressing digital threats have become increasingly inadequate. The Prajwala v. Union of India case has brought to light the pressing need for legal reform to address the proliferation of child sexual abuse material and other online threats.

To protect children in this digital age, there must be a comprehensive overhaul of existing laws to keep pace with technological advancements. This includes updating the POCSO Act to explicitly cover digital crimes, improving law enforcement training, and enhancing public awareness. Integrating cybercrime education into school curricula, expanding parental controls, and ensuring adequate support for victims are also crucial. The gap between technological progress and legal frameworks needs to be bridged to create a safer online environment for children. Only through continuous adaptation and proactive measures can we hope to effectively combat the evolving threats in the digital landscape.

Bibliography

• Academic. Children: The Victim of Online Sexual Harassment in India. LAWCTOPUS (Oct. 9, 2020). https://www.lawctopus.com/academike/children-the-victim-of-online-sexual-harassment-in-india/
• National Crime Records Bureau. Crime in India 2021: Statistics. MINISTRY OF HOME AFFAIRS, GOV'T OF INDIA (2022).
• Prajwala. Report on Online Child Sexual Exploitation (2018). http://www.prajwalaindia.com/xyz-report
• The Protection of Children from Sexual Offences Act, No. 32 of 2012, INDIA CODE (2012).
• The Information Technology Act, No. 21 of 2000, § 67B, INDIA CODE (2000).
• Prajwala v. Union of India, Writ Petition (Criminal) No. 3 of 2015, (2018) 15 S.C.C. 321 (India).
• In re: Prajwala Letter Dated 18.02.2015 Videos of Sexual Violence and Recommendations, Order dated 20.03.2015, W.P. (Crl.) No. 3 of 2015 (India).
• Economic Times. Meta Documents Show 100,000 Kids Sexually Harassed Daily on Facebook, Instagram. (Sept. 12, 2023). https://economictimes.indiatimes.com/tech/technology/meta-documents-show-100000-kids-sexually-harassed-daily-on-facebook-instagram/articleshow/107005157.cms?from=mdr
• The Print. Make Social Media Platforms Liable to Report Users Uploading Child Abuse Clips Under POCSO: NCPCR to SC. (May 20, 2024). https://theprint.in/judiciary/make-social-media-platforms-liable-to-report-users-uploading-child-abuse-clips-under-posco-ncpcr-to-sc/2051557/
• Drishti IAS. Addressing Legal Inconsistencies on Child Pornography. (Sept. 18, 2023). https://www.drishtiias.com/daily-updates/daily-news-editorials/addressing-legal-inconsistencies-on-child-pornography
• Ministry of Women and Child Development, Government of India. Report on the Implementation of the POCSO Act (2020).

End Notes:

• Prajwala v. Union of India, Writ Petition (Criminal) No. 3 of 2015, (2018) 15 S.C.C. 321 (India).
• Children: The victim of online sexual harassment in India. Academic. (2020, October 9). https://www.lawctopus.com/academike/children-the-victim-of-online-sexual-harassment-in-india/