Section 3: Penetrative Sexual Assault

This provision outlines the concept of penetrative sexual assault involving children under the POCSO Act.

• The offence includes any insertion of a body part or object into the vagina, anus, or mouth of a minor (under 18 years).
• It covers oral penetration as well, such as the insertion of a penis into the mouth of a child.
• A child’s consent is not considered valid, as minors are deemed incapable of giving lawful consent for sexual acts.
• Even incomplete or partial penetration is considered a criminal act under this section.

Section 4: Punishment for Penetrative Sexual Assault

• Minimum Punishment: Involves a minimum sentence of 10 years in prison, potentially extending to a life term.
• Fine: The offender may also be subjected to a financial penalty.

Additional provisions within POCSO consider aggravating circumstances that may increase the punishment, such as:

• Victim’s Age: Harsher penalties if the victim is below 12 years.
• Relationship with the Victim: Severe punishment if the offender holds a position of authority or trust, like a teacher or family member.
• Injury Caused: If the assault results in significant physical harm.

Section 5: Aggravated Penetrative Sexual Assault

This section addresses more severe instances of penetrative assault on children.

• Criteria: The act must involve penetration (as defined in Section 3) along with one or more of the following conditions:
  • Victim is younger than 12 years.
  • Offender holds a position of trust or authority (e.g., doctor, police officer, teacher, family member).
  • The victim has a mental or physical impairment.
  • The child suffers serious bodily harm.
  • Weapons or threats were used during the offence.
  • The perpetrator has a prior record of sexual crimes against minors.
  • Use of intoxicating substances to subdue the child.
  • The assault is carried out by multiple individuals.

Section 6: Penalty for Aggravated Penetrative Sexual Assault

• Minimum Sentence: Not less than 20 years of imprisonment, which may lead to life imprisonment along with a fine.
• Death Sentence: In particularly extreme cases, capital punishment may be awarded, subject to strict judicial scrutiny.

Section 7: Sexual Assault

This section describes non-penetrative sexual offences committed with sexual intent:

• Involves touching a child’s private parts (vagina, penis, anus, or breast).
• Forcing the child to touch the offender or another person’s private parts.
• Performing other sexually motivated physical acts involving contact, but without penetration.

Section 8: Punishment for Sexual Assault

• A person convicted under Section 7 may be imprisoned for a minimum of 3 years, with a possible extension to 5 years.
• The offender may also be required to pay a fine.

Section 9: Aggravated Sexual Assault

Describes severe non-penetrative sexual crimes against minors. These include:

• Acts amounting to penetrative sexual assault.
• Circumstances that make the offence more serious, such as:
  • Causing severe injury.
  • Using acid or harmful substances.
  • Assaulting a pregnant minor.
  • Assaults during riots.
  • Perpetrators in roles of authority (teachers, doctors, police, etc.).
• Additional acts include:
  • Administering drugs or hormones to induce early puberty.
  • Using electric shocks or harmful items on a child's private parts.
  • Trafficking children for sexual exploitation.

Section 10: Penalty for Aggravated Sexual Assault

• Punishment: Imprisonment of no less than 5 years, which may extend to 7 years.
• A fine may also be imposed on the offender.

Additional Notes

• Legal Age of Consent: Anyone below 18 is considered a child under POCSO. Sexual acts with individuals under this age are automatically deemed offences, regardless of apparent consent.
• Child Protection Emphasis: The law focuses on shielding minors from any form of sexual harm, acknowledging their lack of maturity and susceptibility to abuse.
• Gender Neutrality: POCSO covers offences against children of all genders equally.
• POCSO vs IPC: Though the Indian Penal Code also deals with sexual crimes, POCSO is a specialized statute for child sexual abuse, with more stringent penalties.
• Determining Age: If a minor’s age is uncertain, courts may consider medical tests, official records, and other evidence to establish whether the victim qualifies under POCSO.
• Minor-to-Minor Consent: The law does not differentiate consensual sexual activity between minors; such acts are still treated as punishable offences under POCSO.