POCSO Act Section 3 and Section 4: Penetrative Sexual Assault and Punishment
Sections 3 and 4 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) define penetrative sexual assault against a child and prescribe the punishment for that offence. Under Section 2(d), a child means any person below eighteen years of age.
Statutory text below reflects the Protection of Children from Sexual Offences (Amendment) Act, 2019.
Section 3 - Penetrative sexual assault
Section 3 specifies the acts that constitute penetrative sexual assault. The provision covers penile penetration, insertion of an object or another body part, manipulation causing penetration, and specified oral contact involving a child.
A person is said to commit "penetrative sexual assault" if-
(a) he penetrates his penis, to any extent, into the vagina, mouth, urethra or anus of a child or makes the child to do so with him or any other person; or
(b) he inserts, to any extent, any object or a part of the body, not being the penis, into the vagina, the urethra or anus of the child or makes the child to do so with him or any other person; or
(c) he manipulates any part of the body of the child so as to cause penetration into the vagina, urethra, anus or any part of body of the child or makes the child to do so with him or any other person; or
(d) he applies his mouth to the penis, vagina, anus, urethra of the child or makes the child to do so to such person or any other person.
Section 4 - Punishment for penetrative sexual assault
Section 4 provides the punishment for an offence defined by Section 3. The 2019 amendment increased the minimum punishment under sub-section (1), introduced a higher minimum sentence where the child is below sixteen years of age, and made provision for a victim-oriented fine.
(1) Whoever commits penetrative sexual assault shall be punished with imprisonment of either description for a term which shall not be less than ten years but which may extend to imprisonment for life, and shall also be liable to fine.
(2) Whoever commits penetrative sexual assault on a child below sixteen years of age shall be punished with imprisonment for a term which shall not be less than twenty years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of natural life of that person, and shall also be liable to fine.
(3) The fine imposed under sub-section (1) shall be just and reasonable and paid to the victim to meet the medical expenses and rehabilitation of such victim.
Meaning and effect of Section 4
Minimum punishment under Section 4(1)
For penetrative sexual assault generally, Section 4(1) fixes a minimum term of ten years. The sentence may extend to imprisonment for life, and the offender is also liable to fine.
Child below sixteen years
Section 4(2) provides an enhanced sentencing framework where penetrative sexual assault is committed on a child below sixteen years of age. The minimum imprisonment is twenty years and the sentence may extend to imprisonment for the remainder of the offender's natural life, together with fine.
Fine for medical expenses and rehabilitation
Section 4(3) requires the fine contemplated by sub-section (1) to be just and reasonable and to be paid to the victim to meet medical expenses and rehabilitation needs.
2019 amendment: Section 4 was renumbered as sub-section (1), the former minimum term of seven years was substituted by ten years, and sub-sections (2) and (3) were inserted by Act 25 of 2019. The amendment came into force on 16 August 2019.