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19. Section 67-B of the Information Technology Act reads thus:

67B. Punishment for publishing or transmitting of material depicting children in sexually explicit act, etc., in electronic Crl.M.C.Nos.1736 of 2021, 2231 of 2023 and form.-Whoever,-
(a) publishes or transmits or causes to be published or transmitted material in any electronic form which depicts children engaged in sexually explicit act or conduct; or
(b) creates text or digital images, collects, seeks, browses, downloads, advertises, promotes, exchanges or distributes material in any electronic form depicting children in obscene or indecent or sexually explicit manner; or
(c) cultivates, entices or induces children to online relationship with one or more children for and on sexually explicit act or in a manner that may offend a reasonable adult on the computer resource; or
(d) facilitates abusing children online, or
(e) records in any electronic form own abuse or that of others pertaining to sexually explicit act with children, shall be punished on first conviction with imprisonment of either description for a term which may extend to five years and with fine which may extend to ten lakh rupees and in the event of second or subsequent conviction with imprisonment of either description for a term which may extend to seven years and also with fine which may extend to ten lakh rupees:

21. Child pornography is defined in Section 2(da) of the POCSO Act as follows:-

"2(da) "child pornography" means any visual depiction of sexually explicit conduct involving a child which includes photograph, video, digital or computer generated image indistinguishable from an actual child, and image created, adapted, or modified, but appear to depict a child."

22. Section 2(da) takes in the following ingredients:

i. visual depiction of sexually explicit conduct ii. involving a child iii. image indistinguishable from an actual child iv. appear to depict a child.

46. Conclusions (1) The provisions dealing with the offence of child pornography punishable under Section 15 of the POCSO Act and the offence of publishing or transmitting material in electronic form depicting children engaged in sexually explicit acts or conduct punishable under Section Crl.M.C.Nos.1736 of 2021, 2231 of 2023 and 67-B of the Information Technology Act are to be constructed emphasizing the viewpoint of the audience, the society at large. (2) There need not be any strict proof as regards the age of the model in every case of child pornography. What is relevant is whether the model appears to be a child.