Section 12 of the Protection of Children from Sexual Offences Act, 2012 is applicable when:

Section 12 prescribes the punishment for sexual harassment, the offence defined in section 11, which involves no penetration. Touching with sexual intent is sexual assault punished under section 8, gang sexual assault is aggravated under section 9(g), and death caused by penetrative assault falls under sections 5(j)(iv) and 6.