Section 11 of THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, 2012
Original Text
11. Sexual harassment.—A person is said to commit sexual harassment upon a child when such person with sexual intent,—
(i) utters any word or makes any sound, or makes any gesture or exhibits any object or part of body with the intention that such word or sound shall be heard, or such gesture or object or part of body shall be seen by the child; or
(ii) makes a child exhibit his body or any part of his body so as it is seen by such person or any other person; or
(iii) shows any object to a child in any form or media for pornographic purposes; or
(iv) repeatedly or constantly follows or watches or contacts a child either directly or through electronic, digital or any other means; or
(v) threatens to use, in any form of media, a real or fabricated depiction through electronic, film or digital or any other mode, of any part of the body of the child or the involvement of the child in a sexual act; or
(vi) entices a child for pornographic purposes or gives gratification therefor.
Explanation.—Any question which involves “sexual intent” shall be a question of fact.
Visual Summary
Verbal & Gestural
Uttering words, making sounds, or gestures with sexual intent intended to be heard or seen by the child.
Exposure & Exhibition
Exposing body parts to the child, or forcing the child to expose their body to the offender or others.
Digital & Stalking
Repeatedly following, watching, or contacting the child (physically or electronically). Showing pornographic material.
Threats & Enticement
Threatening to leak real or fake images/videos of the child, or enticing the child for pornographic purposes.
Simplified Explanation
Section 11 defines what constitutes Sexual Harassment under the POCSO Act. Unlike Sexual Assault (Section 7), harassment does not necessarily require physical touch, though it can involve it. The core requirement is that the offender must have “sexual intent.”
This section covers a wide range of inappropriate behaviors, including:
- Catcalling or Leering: Making sounds, comments, or gestures intended for the child to hear or see.
- Flashing: Exposing oneself to a child.
- Voyeurism/Exhibitionism: Making the child show their body.
- Cyberbullying/Stalking: Constantly following the child or contacting them online/offline against their will.
- Revenge Porn Threats: Threatening to publish photos (real or photoshopped/deepfakes) of the child.
Key Takeaways
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Sexual Intent is Mandatory: The prosecution must prove that the act was done with sexual intent. Whether an act had sexual intent is a “question of fact” to be decided by the court based on circumstances. -
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Includes Digital Crimes: It explicitly covers electronic harassment, digital stalking, and threats involving digital media (deepfakes or real images). -
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Non-Contact Offences: This section is crucial for prosecuting offenders who traumatize children without necessarily touching them (e.g., stalking or flashing). -
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Fabricated Depictions: Threatening to use fake images (morphed photos) to defame or blackmail the child is covered under Clause (v).
Process Flowchart
Figure: Logic flow for determining Sexual Harassment under Section 11.
Practice Questions
Q1. According to the Explanation in Section 11, the existence of “sexual intent” is:
Q2. Which of the following acts constitutes sexual harassment under Section 11?
Related Provisions
Section 12: Punishment for sexual harassment (prescribes the penalty for the offence defined in Section 11).
Section 7: Sexual Assault (involves physical contact with sexual intent, distinct from harassment which may be non-contact).
Section 13: Use of child for pornographic purposes (related to showing or using children in media).
Conclusion
Section 11 of the POCSO Act is a comprehensive provision designed to protect children from non-penetrative and often non-contact forms of sexual abuse. By recognizing acts like stalking, digital harassment, and verbal abuse as serious offences, the Act acknowledges the psychological trauma these actions inflict. It closes the legal gap where offenders might previously have escaped punishment simply because there was no physical assault, ensuring that the “sexual intent” to violate a child’s dignity is sufficient for prosecution.