Code: Section 12 POCSO Act
Whoever, commits sexual harassment upon a child shall be punished with imprisonment of either description for a term which may extend to three years and shall also be liable to fine.
Explanation of Section 12 POCSO
Section 12 of the Protection of Children from Sexual Offences Act, 2012 (POCSO) addresses the grave issue of sexual harassment of children. This provision makes it a punishable offense to harass a child sexually, regardless of physical contact. The emphasis is on protecting the dignity and psychological safety of children by criminalizing even seemingly “lesser” forms of abuse.
Sexual harassment under this section may include actions such as:
- Making sexually explicit comments or gestures
- Showing pornography to a child
- Stalking or following a child with sexual intent
- Repeatedly contacting a child despite clear disinterest
This section reinforces that any sexually inappropriate behavior directed toward a child is unacceptable and legally punishable.
Key Provisions
- The offense does not necessarily require physical contact
- Punishment includes imprisonment for up to 3 years
- A fine is also applicable in addition to imprisonment
- The offense is cognizable and bailable
- Protection is extended to all children under the age of 18
Illustration
Example 1: Verbal Sexual Harassment
A 40-year-old man repeatedly makes sexually suggestive remarks to a 14-year-old girl walking home from school. Though there was no physical contact, his comments amount to sexual harassment under Section 12. He may be imprisoned for up to 3 years and fined.
Example 2: Showing Inappropriate Content
A shopkeeper shows pornographic material to a 16-year-old boy. This act is considered sexual harassment under POCSO and is punishable under Section 12.
Common Questions & Answers
1. What qualifies as “sexual harassment” under POCSO Section 12?
Any act with sexual intent that creates an intimidating, hostile, or offensive environment for the child—without necessarily involving physical contact—qualifies as sexual harassment under Section 12.
2. Is the offense bailable?
Yes, sexual harassment under Section 12 is a bailable offense. However, the decision to grant bail depends on the court’s discretion.
3. What is the maximum punishment?
Imprisonment for up to 3 years and a fine. The nature and amount of the fine may vary based on the court’s assessment.
4. Is intent important under this section?
Yes. The prosecution must prove that the act was committed with sexual intent to establish guilt under Section 12.
5. Can a minor be accused under this section?
Yes, but the Juvenile Justice Act will govern proceedings involving minor accused individuals, with a focus on rehabilitation.
Conclusion
Section 12 of the POCSO Act is a critical provision aimed at curbing sexual harassment of children, even in non-contact scenarios. It recognizes that psychological harm can be just as damaging as physical abuse and ensures that offenders are held accountable. The law plays a vital role in building a safer environment for minors, emphasizing zero tolerance toward inappropriate conduct of a sexual nature.
For expert legal advice and child protection resources, visit ApniLaw.
