Punishment for sexual harassment
Section 12 of the Protection of Children from Sexual Offences Act, 2012 deals with punishment for sexual harassment. 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. The Act came into force on 14 Nov 2012.
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.
Section 12, The Protection of Children from Sexual Offences Act, 2012 (Act 32 of 2012).
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Bholu A 'juvenile in Conflict with Law' vs Central Bureau of Investigation
Court's Decision & Legal Precedent
A child in conflict with law aged 16-18 years can be transferred to adult trial under Section 18(3) of the Juvenile Justice Act, 2015, if the Juvenile Justice Board, after conducting a comprehensive preliminary assessment under Section 15 that includes examination of mental and physical capacity, clinical and psychological evaluation, Social Investigation Report, and personal interaction with the child, finds that the child possesses sufficient mental and physical capacity to commit the alleged heinous offence and has the ability to understand its circumstances and consequences. The Board's discretionary decision to transfer such a child to adult trial, when based on detailed assessment of material facts and procedures followed in accordance with the rules and Supreme Court directions, does not suffer from illegality and warrants no interference by the High Court.
On this section: Additional charges in the case
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Ashish S/o Ramesh Chitmulwar vs State of Maharashtra
Court's Decision & Legal Precedent
If a complaint does not make out a prima facie case under the SC/ST Act, the statutory bar against anticipatory bail under Section 18 is not applicable, even if the victim belongs to a protected community.
On this section: Determined to be a bailable offence in this context.
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Shimpu Alias Som Dutt vs State of Hp
Court's Decision & Legal Precedent
In cases involving serious criminal charges under the SC/ST Atrocities Act and POCSO Act, bail may be granted by the High Court under Section 439 CrPC if the accused demonstrates cooperation with investigation and willingness to submit to court authority, provided that stringent and comprehensive conditions are imposed to protect victims, prevent witness intimidation, ensure investigation cooperation, and maintain trial integrity. The court must apply the Arnesh Kumar principles while tailoring conditions to the specific circumstances of each case.
On this section: Petitioner charged under this section; the court emphasized victim protection in bail conditions
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State of Maharashtra vs Sushant Suresh Kotkar
Court's Decision & Legal Precedent
When prosecution witnesses, particularly the complainant and the victim themselves, turn hostile and do not support the prosecution case in their testimony, and no other credible evidence is brought on record to establish the charges beyond reasonable doubt, the accused is entitled to acquittal. The burden of proof lies on the prosecution to establish guilt beyond reasonable doubt, and mere allegations without supporting evidence from credible witnesses are insufficient for conviction.
On this section: Sexual harassment of a child - Applied to the allegation that the accused sexually harassed the minor victim through gestures and remarks
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Lalchand Ali vs The State of Assam
Court's Decision & Legal Precedent
When sufficient incriminating materials are found against an accused in the form of credible victim statements recorded under Section 161 and 164 CrPC implicating the accused in the alleged crime, a pre-arrest bail application under Section 438 CrPC should be rejected as the case is not a fit case for granting such bail.
On this section: Applied in conjunction with IPC sections to register charges related to sexual offences; indicates the case involves sexual harassment or assault allegations
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Mohammed Yakub Abdul Rasheed vs The State of Maharashtra
Court's Decision & Legal Precedent
In cases involving serious allegations of sexual offenses against minor children under the POCSO Act, where at least one victim has made prima facie credible allegations of sexual assault or harassment, and the accused holds a position of trust and authority over the victims, anticipatory bail should be rejected despite exonerating statements from other victims, as the heinous nature of the allegations and the prima facie evidence against the accused outweigh the bail applicant's right to pre-arrest protection.
On this section: Sexual harassment - alleged offense against minor girls
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 12
What have the courts held on Section 12 of the Protection of Children from Sexual Offences Act?
Bholu A 'juvenile in Conflict with Law' vs Central Bureau of Investigation (03 May 2023) is the leading judgment on this section among those set out below: Additional charges in the case. Another 5 judgments on this section are set out below. They run from 2017 to 2026.
How do I find court cases under Section 12 of the Protection of Children from Sexual Offences Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Pocso Act 12, section 12 Pocso Act, section 12 of the Protection of Children from Sexual Offences Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 6 reported judgments on this section are set out on this page, beginning with Bholu A 'juvenile in Conflict with Law' vs Central Bureau of Investigation (03 May 2023).
When did Section 12 of the Protection of Children from Sexual Offences Act come into force?
Section 12 of the Protection of Children from Sexual Offences Act, cited as Pocso Act 12, came into force on 14 Nov 2012, having been enacted on 19 Jun 2012. It is in force as at the date shown on this page.
Other sections of this Act
- 9. Aggravated sexual assault813 words
- 5. Aggravated penetrative sexual assault811 words
- 33. Procedure and powers of Special Court395 words
- 2. Definitions340 words
- 19. Reporting of offences338 words
- 45. Power to make rules323 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.