Section 6 of THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, 2012
Original Text
6. Punishment for aggravated penetrative sexual assault.—
(1) Whoever commits aggravated penetrative sexual assault shall be punished with rigorous 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, or with death.
(2) 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.
Visual Summary
Minimum Sentence
20 Years Rigorous Imprisonment
Maximum Sentence
Life (Natural Life) OR Death Penalty
Monetary Fine
Paid to Victim for Rehab
Summary
Section 6 prescribes the punishment for Aggravated Penetrative Sexual Assault (as defined in Section 5). This is one of the most stringent sections in the POCSO Act, reflecting the legislature’s intent to severely punish sexual crimes against children committed under aggravating circumstances (e.g., by police, family members, or causing grievous hurt).
Key Aspects of Punishment:
- Severity: The law mandates a minimum of 20 years of rigorous imprisonment. This is a non-negotiable baseline.
- Natural Life: If life imprisonment is awarded, it is strictly defined as imprisonment for the remainder of the person’s natural life, meaning no release until death.
- Death Penalty: Following the 2019 amendment, the courts now have the power to award the death penalty for this offence.
- Victim-Centric Fine: The court must impose a fine that is “just and reasonable.” Crucially, this money does not go to the state; it must be paid directly to the victim to cover medical costs and rehabilitation.
Key Takeaways
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Rigorous Imprisonment: The imprisonment is mandatory “rigorous” (hard labour), not simple imprisonment. -
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20-Year Minimum: The floor for punishment is extremely high, set at 20 years. -
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Capital Punishment: This section allows for the death penalty, placing it among the most serious offences in the Indian legal code. -
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Mandatory Compensation: The fine is not optional and is specifically earmarked for the victim’s recovery.
Process Flowchart
Practice Questions
1. What is the minimum punishment prescribed under Section 6 of the POCSO Act?
The minimum punishment is rigorous imprisonment for a term not less than twenty years.
2. How is “Life Imprisonment” defined under this section?
It is defined as imprisonment for the remainder of the natural life of that person.
3. To whom is the fine imposed under Section 6 paid?
The fine must be paid to the victim to meet medical expenses and rehabilitation costs.
4. Can the death penalty be awarded under Section 6?
Yes. Following the 2019 amendment, the court has the discretion to award the death penalty for aggravated penetrative sexual assault.
Related Provisions
Conclusion
Section 6 of the POCSO Act represents the state’s zero-tolerance approach towards aggravated sexual offences against children. By introducing the death penalty and ensuring a minimum of 20 years imprisonment, the legislation aims to act as a strong deterrent. Furthermore, the mandatory provision for fines to be directed towards the victim’s rehabilitation underscores the Act’s focus on restorative justice alongside retributive justice.