Section 11 POCSO: Sexual harassment

Protection of Children from Sexual Offences Act, 2012

Section 11 POCSO at a Glance

Section 11 POCSO defines what counts as sexual harassment of a child. It lists six types of conduct committed with sexual intent, including spoken words, gestures, stalking, and digital threats.

Section 11 POCSO Bare Act 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.

Section 11 POCSO in Simple Words

Section 11 POCSO defines the offence of sexual harassment upon a child. Every act listed in Section 11 POCSO requires that the person acts with sexual intent. Section 11 POCSO only defines the conduct, while Section 12 POCSO provides the punishment.

Under clauses (i), (ii), and (iii) of Section 11 POCSO, a person commits sexual harassment when, with sexual intent, the person utters any word, makes any sound or gesture, or exhibits any object or body part intending that the child hear or see it. It also covers making a child exhibit the child's body or body part so that the person or any other person sees it, or showing any object to a child in any form or media for pornographic purposes.

Under clauses (iv), (v), and (vi) of Section 11 POCSO, sexual harassment also includes repeatedly or constantly following, watching, or contacting a child directly or through electronic, digital, or other means. It further covers threatening to use, in any form of media, a real or fabricated depiction (through electronic, film, digital, or other mode) of any part of the child's body or the child's involvement in a sexual act, as well as enticing a child for pornographic purposes or giving gratification for it.

The Explanation to Section 11 POCSO states that any question involving sexual intent is a question of fact, so it is decided on the facts of each case.

When Section 11 POCSO Applies

The victim is a child, meaning a person below the age of 18 years under Section 2(1)(d) POCSO.
The accused person acts with sexual intent (which the Explanation states is a question of fact).
The person utters a word, makes a sound or gesture, or exhibits an object or body part intending for the child to hear or see it, or makes the child exhibit the child's body or body part to be seen.
Or the person shows an object to a child in any media for pornographic purposes, or entices a child for pornographic purposes or gives gratification for it.
Or the person repeatedly or constantly follows, watches, or contacts the child directly or through electronic, digital, or other means.
Or the person threatens to use in any media a real or fabricated depiction of any part of the child's body or the child's involvement in a sexual act.

Example of Section 11 POCSO

Abdul, an adult resident of Chandigarh, repeatedly sends messages to a 14-year-old student on a social media platform with sexual intent and follows the student home from school every afternoon. Even though Abdul makes no physical contact with the student, repeatedly following and contacting a child through direct and electronic means with sexual intent falls under Section 11(iv) POCSO. Abdul has committed sexual harassment as defined in Section 11 POCSO, which is punishable under Section 12 POCSO.

FAQs on Section 11 POCSO

What is Section 11 POCSO?▼

Section 11 POCSO defines the offence of sexual harassment upon a child below 18 years of age. It covers six kinds of conduct done with sexual intent, none of which needs physical contact, while the punishment is set out separately in Section 12 POCSO.

Does Section 11 POCSO require physical contact with the child?▼

No. None of the six clauses in Section 11 POCSO require physical touching of the child; the conduct covers words, sounds, gestures, exhibiting objects or body parts, following or contacting, threats involving depictions, and enticing for pornographic purposes.

Does online stalking or messaging a child fall under Section 11 POCSO?▼

Yes. Under Section 11(iv) POCSO, repeatedly or constantly following, watching, or contacting a child through electronic, digital, or any other means with sexual intent is sexual harassment.

What if a person threatens to share a fake or morphed image of a child?▼

Section 11(v) POCSO covers the threat. Threatening with sexual intent to use, in any form of media, either a real or a fabricated depiction of any part of a child's body or the child's involvement in a sexual act is sexual harassment.

How does the court decide if there was sexual intent under Section 11 POCSO?▼

As a question of fact. The Explanation to Section 11 POCSO states that any question involving sexual intent is a question of fact.

Which section punishes the acts defined in Section 11 POCSO?▼

Section 12 POCSO. Section 11 POCSO only defines sexual harassment, and Section 12 POCSO provides the punishment for committing it.

Have questions about Section 11 POCSO?

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Protection of Children from Sexual Offences Act, 2012 (India Code) ·