Section 8 of THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, 2012
Original Text
Visual Summary
The Offence
Applies to any person found guilty of committing Sexual Assault as defined under Section 7.
Minimum Sentence
The imprisonment shall not be less than 3 years. This is the mandatory minimum.
Maximum Sentence
The term may extend up to 5 years, plus a mandatory fine.
Summary
Section 8 prescribes the punishment for the offence of “Sexual Assault” which is defined in the preceding section (Section 7). While Section 7 describes the act (touching sexual organs with sexual intent or other non-penetrative acts), Section 8 lays down the legal consequences for the perpetrator.
The law is strict regarding the minimum punishment. A judge cannot sentence a convict to less than three years of imprisonment. The court has the discretion to increase this sentence up to five years based on the gravity of the specific case. Additionally, the imposition of a fine is not optional; the offender must be fined in addition to the jail term.
Key Takeaways
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Cognizable Offence: The police can arrest without a warrant (as per general CrPC rules for offences punishable with 3+ years). -
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Mandatory Minimum: The court cannot award a sentence of less than 3 years. -
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Nature of Imprisonment: It can be of “either description,” meaning it could be Simple Imprisonment or Rigorous Imprisonment. -
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Fine is Compulsory: The section explicitly states “shall also be liable to fine,” leaving no discretion to waive the fine.
Process Flowchart
Practice Questions
1. What is the minimum imprisonment term prescribed under Section 8 of the POCSO Act?
The minimum imprisonment term is three years.
2. Is the imposition of a fine optional under Section 8?
No, the imposition of a fine is mandatory. The section states the offender “shall also be liable to fine.”
3. What is the maximum imprisonment term prescribed under Section 8?
The imprisonment may extend up to five years.
Related Provisions
Conclusion
Section 8 serves as the penal provision for non-penetrative sexual abuse under the POCSO Act. By setting a minimum threshold of three years, the legislature has indicated that even non-penetrative sexual contact with a child is a serious crime that warrants significant custodial sentencing, ensuring that offenders are held accountable and children are protected by the full force of the law.