POCSO Act Section 7 and Section 8: Sexual Assault and Punishment

Section 7 of the Protection of Children from Sexual Offences Act, 2012 defines sexual assault against a child where there is physical contact with sexual intent but no penetration. Section 8 prescribes imprisonment and fine for the offence.

CHAPTER II - SEXUAL OFFENCES AGAINST CHILDREN | C. SEXUAL ASSAULT AND PUNISHMENT THEREFOR

Section 7Defines sexual assault based on sexual intent and physical contact without penetration.
Section 8Provides imprisonment of not less than three years and up to five years, along with fine.

Section 7 - Sexual Assault

Section 7 covers intentional sexual touching and other acts involving physical contact with a child where penetration is absent. The statutory requirement of sexual intent is an essential part of the definition.

Whoever, with sexual intent touches the vagina, penis, anus or breast of the child or makes the child touch the vagina, penis, anus or breast of such person or any other person, or does any other act with sexual intent which involves physical contact without penetration is said to commit sexual assault.

Essential Elements of Section 7

The provision encompasses the specific forms of touching expressly mentioned in Section 7 as well as another act with sexual intent that involves physical contact without penetration. The distinction between contact without penetration under Section 7 and penetrative sexual assault under Section 3 of the POCSO Act is therefore important when identifying the applicable statutory provision.

Sexual intent: Section 7 expressly requires sexual intent. Under Section 11 of the POCSO Act, which deals with sexual harassment, the statute expressly states that the question involving sexual intent is a question of fact. Whether the required intent is established in a particular case depends on the evidence and circumstances before the court.

Section 8 - Punishment for Sexual Assault

Section 8 provides the punishment for an offence that satisfies the definition of sexual assault under Section 7.

Whoever, commits sexual assault, shall be punished with imprisonment of either description for a term which shall not be less than three years but which may extend to five years, and shall also be liable to fine.

Punishment under Section 8

The statutory sentencing range is imprisonment of either description for a minimum term of three years and a maximum term of five years, together with liability to fine. Where the facts satisfy one of the aggravated circumstances specified in Section 9, the offence is aggravated sexual assault and the punishment is governed by Section 10 instead.

Meaning of Child under the POCSO Act

Section 2(1)(d) of the POCSO Act defines a child as any person below the age of eighteen years. The definitions applicable throughout the Act are available in Section 2 of the POCSO Act.

Difference between Sections 7 and 8

Section 7 is the substantive definition of the offence: it identifies the conduct that constitutes sexual assault. Section 8 is the corresponding penal provision: it states the punishment after the offence under Section 7 is established. These provisions should therefore be read together.

Official Legal Resources

India Code - Protection of Children from Sexual Offences Act, 2012 Ministry of Women and Child Development - Publications Child Helpline 1098 - Ministry of Women and Child Development