POCSO Act Section 11 — Sexual harassment

Summary

A person commits sexual harassment upon a child when they act with sexual intent in any of the following ways.

Under clause (i), the person utters any word or makes any sound, or makes any gesture or exhibits any object or part of their body, intending that the word or sound be heard, or that the gesture, object, or body part be seen by the child.

Under clause (ii), the person makes the child exhibit their body or any part of it so that it is seen by the person or by any other person.

Under clause (iii), the person shows any object to the child in any form or media for pornographic purposes.

Under clause (iv), the person repeatedly or constantly follows, watches, or contacts the child, either directly or through electronic, digital, or any other means.

Under clause (v), the person threatens to use, in any form of media, a real or fabricated depiction through electronic, film, digital, or any other mode, of any part of the child's body or of the child's involvement in a sexual act.

Under clause (vi), the person entices the child for pornographic purposes or gives gratification for that purpose.

The explanation states that any question involving sexual intent shall be a question of fact.

Official Text

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.

Referred to by

• POCSO Act §2 — Definitions
• POCSO Act §41 — Provisions of sections 3 to 13 not to apply in certain cases

Related Judgments

• INDEPENDENT THOUGHT vs UNION OF INDIA & ANR — Supreme Court of India (2017)
• MS. EERA THROUGH DR. MANJULA KRIPPENDORF vs STATE (GOVT. OF NCT OF DELHI) & ANR — Supreme Court of India (2017)
• RE: EXPLOITATION OF CHILDREN LN ORPHANAGES LN THE STATE OF TAMIL NADU vs UNION OF LNDIA & ORS — Supreme Court of India (2017)
• Vishnu Prakash Patole vs The State of Maharashtra — Bombay High Court (Mumbai Principal Seat) (2022)