Section 7 of THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, 2012
Original Text
Visual Summary
Sexual Intent
The act must be committed with specific “sexual intent.” Accidental or non-sexual touching (e.g., medical or caregiving) is excluded.
The Act of Touching
Directly touching the vagina, penis, anus, or breast of the child.
Forced Touching
Making the child touch the private parts of the offender or any other person.
No Penetration
Any other physical contact with sexual intent that does not involve penetration.
Summary
Section 7 defines the offence of “Sexual Assault” under the POCSO Act. It is distinct from “Penetrative Sexual Assault” (Section 3) because it covers acts that involve physical contact but do not amount to penetration.
For an act to be classified as sexual assault under this section, two main ingredients must be present: Physical Contact and Sexual Intent. The law specifically lists touching the vagina, penis, anus, or breast. However, it also includes a broad provision for “any other act” involving physical contact with sexual intent, ensuring that offenders cannot escape liability through technicalities.
Crucially, this section also covers scenarios where the offender does not touch the child, but forces or manipulates the child into touching the offender’s (or a third party’s) private parts.
Key Takeaways
-
✔
Mens Rea: “Sexual Intent” is a mandatory requirement. Innocent touching (e.g., by a doctor or parent for hygiene) is not an offence. -
✔
Specific Body Parts: Explicitly mentions Vagina, Penis, Anus, and Breast. -
✔
Reciprocity: Covers making the child touch the offender, not just the offender touching the child. -
✔
Non-Penetrative: If penetration occurs, the offence upgrades to Section 3 (Penetrative Sexual Assault). -
✔
Gender Neutral: The offender can be any person (“Whoever”) and the victim can be any child (boy or girl).
Process Flowchart
Practice Questions
Q1. Which of the following is NOT a requirement for an offence under Section 7?
Show Answer
Correct Answer: Penetration.
Section 7 deals with sexual assault involving physical contact without penetration. If penetration occurs, it falls under Section 3.
Q2. Does Section 7 apply if the offender makes the child touch the offender’s body?
Show Answer
Correct Answer: Yes.
The section explicitly states “or makes the child touch the vagina, penis, anus or breast of such person or any other person.”
Q3. What specific mental state (mens rea) is required for Section 7?
Show Answer
Correct Answer: Sexual Intent.
The act must be done “with sexual intent.” Touching without this intent does not constitute an offence under this section.
Related Provisions
Conclusion
Section 7 serves as a vital component of the POCSO Act by addressing sexual abuse that involves physical contact but falls short of penetration. By explicitly defining the body parts involved and emphasizing “sexual intent,” it provides a clear legal framework to prosecute offenders who violate a child’s bodily integrity without committing penetrative assault. It acts as the bridge between Sexual Harassment (Section 11) and Penetrative Sexual Assault (Section 3).