POCSO Act Section 3 — Penetrative sexual assault
CHAPTER II SEXUAL OFFENCES AGAINST CHILDREN A.—PENETRATIVE SEXUAL ASSAULT AND PUNISHMENT THEREFOR
Criminal
Summary
A person commits penetrative sexual assault if they do any of the following acts involving a child.
Under clause (a), the person penetrates their penis, to any extent, into the child's vagina, mouth, urethra, or anus, or makes the child do so with the person or any other person.
Under clause (b), the person inserts, to any extent, any object or any part of the body other than the penis into the child's vagina, urethra, or anus, or makes the child do so with the person or any other person.
Under clause (c), the person manipulates any part of the child's body so as to cause penetration into the child's vagina, urethra, anus, or any other part of the child's body, or makes the child do so with the person or any other person.
Under clause (d), the person applies their mouth to the child's penis, vagina, anus, or urethra, or makes the child do so to the person or any other person.
Official Text
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.
Referred to by
- POCSO Act §2 — Definitions
- POCSO Act §14 — Punishment for using child for pornographic purposes
- POCSO Act §22 — Punishment for false complaint or false information
- POCSO Act §29 — Presumption as to certain offences
- POCSO Act §41 — Provisions of sections 3 to 13 not to apply in certain cases
- POCSO Act §44 — Monitoring of implementation of Act
Related Judgments
- NAWABUDDIN vs STATE OF UTTARAKHAND — Supreme Court of India (2022)
- INDEPENDENT THOUGHT vs UNION OF INDIA & ANR — Supreme Court of India (2017)
- SAMBHUBHAI RAISANGBHAI PADHIYAR vs STATE OF GUJARAT — Supreme Court of India (2024)
- STATE OF U.P vs SONU KUSHWAHA — Supreme Court of India (2023)
- MS. EERA THROUGH DR. MANJULA KRIPPENDORF vs STATE (GOVT. OF NCT OF DELHI) & ANR — Supreme Court of India (2017)
- SACHIN vs STATE OF MAHARASHTRA — Supreme Court of India (2025)
