Question

Mr. A, neighbour of Mr. B, shows a sexual toy towards the school children of Mr. B, while they were sitting and studying in the balcony of their house. Though the younger child resisted, Mr. B continued with his action and the matter was reported to the police. Which offence Mr. A has committed?

• A. A has not committed any offence
• B. Sexual assault
• C. Aggravated sexual assault
• D. Sexual harassment

Answer 1

Answer:

D. Sexual harassment

• The act described constitutes an offence under the Protection of Children from Sexual Offences (POCSO) Act, 2012.

• Section 11(1) of the POCSO Act defines sexual assault. Specifically, Section 11(1)(iv) covers the act of showing any sexual object or sexual act to a child with the intention of satisfying sexual interest or gratification, or with the intention of causing sexual arousal.

• The offence involves exhibiting materials or objects that are sexually explicit or suggestive to a minor, regardless of physical contact.

Key Legal Points

• Definition of Child: Under Section 2(d) of the POCSO Act, any person below the age of 18 years is considered a child.

• Nature of Offence: The exhibition of a sexual toy to children falls under 'sexual assault' as defined by the Act, even in the absence of physical molestation or touching.

• Punishment: Under Section 12 of the POCSO Act, whoever commits sexual harassment of a child (which includes showing sexual objects) is liable for punishment. The penalty includes imprisonment for a term which may extend to three years, and also a fine.

• Intent: The legal framework focuses on the 'intent' of the perpetrator to subject a child to sexual content or exposure, making the act of showing the toy a clear violation of the child's right to safety and protection from sexual exploitation.