Cops must widen probe to show zero tolerance to child porn: Legal eagles

The arrest of a US executive in Hyderabad on child pornography charges by the cyber crime team will send a strong message that such crimes will not be tolerated in the country, legal experts said on Wednesday.
Speaking about how the paedophile market in India is thriving and the absence of prosecution and conviction emboldens criminals, Pavan Duggal, a lawyer on cyber law, from Delhi said, “I think that this case represents the tip of the iceberg." “Police must find out who were the other persons involved (in the case),'' Duggal said, adding that so many pictures could not have been shot or stored by a single person.
Since the amendment to the Information Technology Act in 2008, there have been no reported convictions in India for the offence of possessing, downloading and distributing child pornography. While reiterating this, N S Nappinai, a lawyer on cyber law in Mumbai, however said, “India has seen a spate of cases being registered under section 67B which unlike general pornography cases, prohibits child pornography, even its possession in any digital form.“ She said, “Courts have been very strict in cases of possession of child porn even when it comes to grant of bail but this is mostly with respect to the primary culprits who disseminate and not those who are mere recipients.'' Stressing difficulties law enforcement agencies face and how the IT Act helps, Duggal said, “The biggest issue is the incriminating electronic evidence must be properly collected and detained. The Act provides for securing the evidence properly.'' The IT Act applies to aperson of any nationality.