Section 12 of THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, 2012
Original Text
Visual Summary
The Offence
Applies to any person who commits Sexual Harassment as defined under Section 11.
Imprisonment
Imprisonment of either description which may extend to 3 Years.
Monetary Fine
The offender shall also be liable to fine (Mandatory).
Summary
Section 12 prescribes the punishment for the offence of “Sexual Harassment” which is defined in the preceding Section 11. While Section 11 outlines what constitutes harassment (such as showing pornography, making sexual gestures, or stalking a child), Section 12 lays down the legal consequences for such actions.
The law specifies two components of punishment:
- Jail Term: The court can sentence the offender to imprisonment for a period up to 3 years. The term “either description” means the imprisonment can be either ‘Rigorous’ (involving hard labour) or ‘Simple’.
- Fine: In addition to jail time, the offender must pay a fine. The use of the word “shall” indicates that imposing a fine is mandatory, not optional.
This section ensures that non-contact sexual offences or offences involving lesser physical contact than assault are still treated seriously under the law.
Key Takeaways
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Target Offence: Specifically punishes acts defined as Sexual Harassment under Section 11. -
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Maximum Sentence: The imprisonment can extend up to 3 years. -
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Mandatory Fine: The court is legally obligated to impose a fine alongside imprisonment. -
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Nature of Imprisonment: Can be simple or rigorous, based on the court’s discretion.
Process Flowchart
Practice Questions
1. What is the maximum term of imprisonment prescribed under Section 12 of the POCSO Act?
Show Answer
Answer: Three years. The section states imprisonment may extend to three years.
2. Is the imposition of a fine optional under Section 12?
Show Answer
Answer: No. The text says “shall also be liable to fine,” making it mandatory.
3. Which section defines the offence punished by Section 12?
Show Answer
Answer: Section 11 defines Sexual Harassment.
Related Provisions
- Section 11: Sexual Harassment (Definition)
- Section 42: Alternative Punishment
- IPC Section 354A: Sexual harassment and punishment for sexual harassment (Indian Penal Code)
Conclusion
Section 12 serves as the penal provision for sexual harassment under the POCSO Act. By prescribing imprisonment of up to three years and a mandatory fine, it establishes a deterrent against behaviors that, while not involving penetrative assault, still violate the dignity and safety of a child. It ensures that acts such as stalking, exhibitionism, or verbal sexual abuse are met with strict legal consequences.