Section 12 POCSO: Punishment for sexual harassment

Section 12 POCSO prescribes the punishment for any person who commits sexual harassment upon a child, as defined in Section 11 POCSO. A person convicted under Section 12 POCSO faces imprisonment of either description (simple or rigorous) for a term that may extend to 3 years, and is also liable to fine in addition to imprisonment.

POCSO does not classify its offences into bailable or cognizable categories inside the Act, so Part II of the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) governs the classification. Because an offence punishable with imprisonment for 3 years and upwards but not more than 7 years falls into that class, an offence with a maximum of 3 years under Section 12 POCSO is cognizable (so the police can register an FIR and arrest without a warrant) and non-bailable (so bail is not a right and the court decides it).

Under Section 28 POCSO, the State Government designates a Court of Session in each district as a Special Court to try offences under the Act, including Section 12 POCSO. POCSO has no provision allowing an offence to be compounded, so a case under Section 12 POCSO cannot be settled by compromise between the parties.

POCSO does not classify its offences, so Part II of the First Schedule to the BNSS decides it: an offence punishable with imprisonment for 3 years and upwards but not more than 7 years is cognizable and non-bailable, and a maximum of 3 years falls in that class. Section 28 POCSO makes the Special Court try offences under the Act. POCSO has no provision allowing an offence to be compounded.