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Children Online Safety Law India: 2026 Guide for Parents

Children online safety law in India is spread across several statutes rather than one code: the POCSO Act and IT Act punish online sexual exploitation, the BNS covers threats, stalking and extortion, the IT Rules require platforms to remove intimate or morphed images within 2 hours of a complaint, and the DPDP Act will require verifiable parental consent for children’s data from 13 May 2027. In October 2026 the Supreme Court held that internet access is a fundamental right of children too, and rejected blanket bans in favour of parental guidance and safe defaults. Report abuse on cybercrime.gov.in, call 1930 if money is lost, and inform the police where a child is sexually targeted.

PointPosition
Supreme Court, October 2026Just Rights for Children Alliance v. S. Harish: internet access a fundamental right of every individual, including children (Art. 21 with Art. 19(1)(a)); blanket bans rejected
Online sexual exploitationPOCSO Act (ss.11 to 15) and IT Act s.67B; reporting compulsory under POCSO s.19
Threats, stalking, extortionBNS s.351 (intimidation), s.78 (stalking), s.308 (extortion)
TakedownIT Rules as amended from 20 February 2026: intimate images and impersonation removed within 2 hours of complaint
Appeal against platformGrievance Appellate Committee (gac.gov.in) within 30 days
Children’s dataDPDP Act s.9: parental consent, no tracking or targeted ads; applies from 13 May 2027
Online money gamesBanned under the Promotion and Regulation of Online Gaming Act, 2025, in force from 1 May 2026
Helplines1930 (cyber fraud), 112 (emergency), 1098 (child helpline), 14416 (Tele-MANAS)

The October 2026 Supreme Court ruling on children and the internet

In Just Rights for Children Alliance v. S. Harish (October 2026), a bench of Justices J.B. Pardiwala and K. Vinod Chandran, while dealing with how child sexual abuse material is detected and removed online, held that the right to access and use the internet is a fundamental right of every individual, including children, flowing from Article 21 read with Article 19(1)(a).

As reported, the Court:

  • rejected blanket restrictions on children’s internet access as unproven and disproportionate;
  • said child safety and children’s freedom are not opposed;
  • cautioned against universal age verification because of privacy and surveillance risks;
  • suggested safeguards such as parental consent and oversight, a “child mode”, private accounts by default, limits on contact from unknown adults and moderation of content and ads aimed at children, leaving details to the Union Government;
  • directed steps for a national system to identify and remove child sexual abuse material across platforms.

Children online safety law India: which law covers which harm

  • Threats to the child or family: criminal intimidation, BNS s.351.
  • Repeated online following or monitoring of a girl despite clear disinterest: stalking, BNS s.78.
  • Money or more images demanded under threat (sextortion): extortion, BNS s.308; for a child, also POCSO offences and IT Act s.67B.
  • Sexual messages or repeated contact with a child with sexual intent: sexual harassment under POCSO s.11, punishable up to 3 years and fine (s.12).
  • Morphed or private images: IT Act s.66E (privacy), ss.67 and 67A; for children, s.67B and POCSO.
  • Fake profile: IT Act s.66D where its ingredients are present, plus platform impersonation rules.

Possessing or forwarding sexual material involving a child is itself an offence (POCSO s.15; IT Act s.67B), even “as evidence”. Never copy it. Note where it is and let the police seize it.

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What to do in the first hour if your child is targeted online

  1. Stay calm and support the child. The child is the victim. If there is any risk of self-harm, stay with the child and call 112 or 1098.
  2. Do not pay a blackmailer. Payment usually brings more demands.
  3. Save evidence without copying images: screenshots of profiles, usernames, URLs, demands and payment IDs.
  4. Report: call 1930 if money was paid, and file on cybercrime.gov.in, which has a category for crimes against women and children.
  5. Inform the police or SJPU where a child is sexually targeted. This is a duty under POCSO s.19.
  6. Ask the platform to remove content. Intimate images and impersonation must be acted on within 2 hours under the amended IT Rules; other grievances within 7 days. If refused, appeal to the Grievance Appellate Committee within 30 days.
  7. Tell the school in writing if classmates are involved, and ask it to protect your child’s identity.

Children’s data under the DPDP Act

A “child” under the Digital Personal Data Protection Act, 2023 is anyone below 18 (s.2(f)). Section 9 requires verifiable consent of a parent or guardian before a child’s data is processed, bars processing likely to harm the child’s well-being, and bars tracking, behavioural monitoring and targeted advertising directed at children. Penalties go up to ₹200 crore for breach of the children’s data duties. These obligations apply from 13 May 2027. Schools have a narrow exemption for educational tracking and children’s safety only.

Frequently asked questions

What is the children online safety law in India?

There is no single Act. Protection comes from the POCSO Act, the IT Act and IT Rules, the BNS, the DPDP Act and the Online Gaming Act, 2025. In October 2026 the Supreme Court added that internet access is a fundamental right of children too, so the focus is on safe use rather than bans.

Has India banned social media for children?

No. The Supreme Court in October 2026 rejected blanket bans on children’s internet access as disproportionate, and favoured parental guidance, child modes and safe defaults. It left the detailed safeguards to the Union Government.

Where do I report online abuse of my child?

File on cybercrime.gov.in, call 1930 if money has been lost, and inform the local police or SJPU if the abuse is sexual, since POCSO makes reporting compulsory. In an emergency call 112, and for child support call 1098.

How fast must Instagram or other platforms remove a morphed photo of my child?

Under the IT Rules as amended from 20 February 2026, platforms must act within 2 hours on complaints about intimate images and impersonation, including morphed images. If the platform refuses, appeal to the Grievance Appellate Committee within 30 days.

Quick quiz

Q1. In October 2026, the Supreme Court held that internet access for children is:

  1. A privilege parents may grant
  2. A fundamental right flowing from Art. 21 with Art. 19(1)(a)
  3. Banned below 16
  4. Allowed only with Aadhaar verification
Show answer

Answer: B. Just Rights for Children Alliance v. S. Harish treated it as a fundamental right of every individual, including children.

Q2. A teenager is being sextorted. The parent should first:

  1. Pay quickly to end it
  2. Forward the video to the school as proof
  3. Not pay, save identifiers, report on 1930 or cybercrime.gov.in and to the police
  4. Delete all chats
Show answer

Answer: C. Forwarding the material is itself an offence (POCSO s.15, IT Act s.67B); report and preserve identifiers.

Q3. From when do the DPDP Act’s children’s data duties under s.9 apply?

  1. 1 July 2024
  2. 13 November 2025
  3. 13 May 2027
  4. 1 January 2030
Show answer

Answer: C. Most substantive DPDP duties, including s.9, apply from 13 May 2027.

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Sources

  • Constitution of India: Articles 19(1)(a), 21
  • Just Rights for Children Alliance v. S. Harish, Supreme Court, October 2026
  • Protection of Children from Sexual Offences Act, 2012: ss.11, 12, 15, 19
  • Information Technology Act, 2000: ss.66D, 66E, 67, 67A, 67B; IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, as amended from 20 February 2026
  • Bharatiya Nyaya Sanhita, 2023: ss.78, 308, 351, 356
  • Digital Personal Data Protection Act, 2023: ss.2(f), 9; DPDP Rules, 2025
  • Promotion and Regulation of Online Gaming Act, 2025

This page is for education and general information, not legal advice for a specific case. Law as on 31 October 2026.

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