POCSO Act Section 4 — Punishment for penetrative sexual assault

CHAPTER II SEXUAL OFFENCES AGAINST CHILDREN A.—PENETRATIVE SEXUAL ASSAULT AND PUNISHMENT THEREFOR

Criminal

Punishment

Imprisonment 10 years to life and fine

As the section puts it: “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”

Summary

Sub-section (1) states that a person who commits penetrative sexual assault shall be punished with imprisonment of either description for a term that is not less than ten years, but which may extend to imprisonment for life, and shall also be liable to a fine.

Sub-section (2) states that a person who commits penetrative sexual assault on a child below sixteen years of age shall be punished with imprisonment for a term that is not less than twenty years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of the natural life of that person, and shall also be liable to a fine.

Sub-section (3) states that 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.

Official Text

(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. B.—AGGRAVATED PENETRATIVE SEXUAL ASSAULT AND PUNISHMENT THEREFOR

Referred to by

Related Judgments

  • NAWABUDDIN vs STATE OF UTTARAKHAND — Supreme Court of India (2022)
  • MS. EERA THROUGH DR. MANJULA KRIPPENDORF vs STATE (GOVT. OF NCT OF DELHI) & ANR — Supreme Court of India (2017)
  • INDEPENDENT THOUGHT vs UNION OF INDIA & ANR — Supreme Court of India (2017)
  • STATE OF U.P vs SONU KUSHWAHA — Supreme Court of India (2023)
  • SAMBHUBHAI RAISANGBHAI PADHIYAR vs STATE OF GUJARAT — Supreme Court of India (2024)
  • SACHIN vs STATE OF MAHARASHTRA — Supreme Court of India (2025)