Section 10 of THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, 2012
Original Text
Visual Summary
The Offence
Aggravated Sexual Assault (Defined in Section 9)
Minimum Term
Not less than 5 Years Imprisonment
Maximum Term
May extend to 7 Years Imprisonment
Fine
Mandatory (Liable to Fine)
Summary
Section 10 of the POCSO Act prescribes the specific punishment for the offence of Aggravated Sexual Assault, which is defined under the preceding Section 9. While Section 9 lists the various scenarios (such as abuse by police, armed forces, relatives, or using weapons) that elevate a simple sexual assault to an “aggravated” level, Section 10 lays down the sentencing guidelines for these graver offences.
The law treats these offences with significant severity due to the breach of trust or the violent nature involved. A person convicted under this section faces a mandatory jail term. The court has no discretion to award a sentence lower than five years. However, depending on the gravity of the specific case, the imprisonment can be extended up to seven years. Additionally, the imposition of a fine is mandatory, not optional.
Key Takeaways
- ✓Specific Offence: Applies only to offences categorized as “Aggravated Sexual Assault” under Section 9.
- ✓Minimum Sentence: The law mandates a minimum imprisonment of 5 years.
- ✓Maximum Sentence: The imprisonment can extend up to 7 years.
- ✓Nature of Imprisonment: It can be of “either description” (Simple or Rigorous), though rigorous is common for such offences.
- ✓Mandatory Fine: The offender is also liable to pay a fine in addition to imprisonment.
Process Flowchart
Practice Questions
1. What is the minimum imprisonment prescribed under Section 10?
2. Can a court impose only a fine for Aggravated Sexual Assault?
3. What is the maximum term of imprisonment under this section?
4. Section 10 provides punishment for the offence defined in which section?
Related Provisions
Conclusion
Section 10 acts as the enforcement arm for Section 9, ensuring that aggravated forms of sexual assault against children are met with rigorous legal consequences. By setting a minimum floor of five years for imprisonment, the legislature has signaled zero tolerance for individuals who abuse positions of trust or authority to assault children. This section ensures that the punishment is proportionate to the gravity of the “aggravated” circumstances described in the Act.