POCSO-- Framing of Charge--Physical Presence of Child Victim Not a Prerequisite to Invoke Section 15(2) POCSO Act
Section 15(2) of the POCSO Act does not require identification or physical presence of a child victim to prosecute offences involving Child Sexual Abuse Material (CSAM). The definition of "child pornography" under Section 2(1)(da) includes material that appears to depict a child, enabling courts to apply a test of subjective satisfaction rather than objective age determination. Medical opinion and witness assessment of the material are sufficient at the charge-framing stage.
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