Section 4 of THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, 2012
Original Text
4. Punishment for penetrative sexual assault.
(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.
Visual Summary
Standard Punishment
For penetrative sexual assault on any child (under 18):
Minimum 10 Years up to Life Imprisonment.
Child Under 16
If the victim is below 16 years of age:
Minimum 20 Years up to Natural Life.
Mandatory Fine
The court must impose a fine that is paid directly to the victim for medical and rehab costs.
Summary
Section 4 prescribes the penalties for the offence of Penetrative Sexual Assault as defined in Section 3. This section reflects the legislature’s intent to impose severe sanctions on offenders who sexually abuse children.
Following the 2019 amendments, the law became significantly stricter. It creates two categories of punishment based on the age of the victim:
- General Category: If the victim is a child (under 18), the minimum sentence is 10 years.
- Aggravated Category (Age-based): If the victim is specifically under 16 years of age, the minimum sentence doubles to 20 years, and life imprisonment is interpreted strictly as the remainder of the convict’s natural life.
Additionally, the section mandates that any fine collected from the accused must be given to the victim to support their recovery, ensuring a victim-centric approach to justice.
Key Takeaways
- ✓Minimum Sentence Increased: The baseline punishment for penetrative sexual assault is now 10 years (previously 7 years).
- ✓Special Protection for Under-16s: A specific sub-section (2) targets crimes against children under 16, mandating a minimum of 20 years imprisonment.
- ✓Natural Life: For victims under 16, ‘Life Imprisonment’ is explicitly defined as imprisonment for the remainder of the person’s natural life.
- ✓Victim Rehabilitation: The fine is not just a penalty for the state but a resource for the victim’s medical and rehabilitation needs.
Process Flowchart
Practice Questions
What is the minimum punishment for penetrative sexual assault on a child aged 17?
Under Section 4(2), what does “imprisonment for life” specifically mean?
To whom is the fine paid under Section 4?
Related Provisions
- Section 3: Defines Penetrative Sexual Assault.
- Section 5: Aggravated Penetrative Sexual Assault (defines circumstances that lead to even harsher penalties).
- Section 6: Punishment for Aggravated Penetrative Sexual Assault.
- Section 42: Alternative Punishment (deals with situations where an act is an offence under both POCSO and IPC).
Conclusion
Section 4 of the POCSO Act serves as the primary penal provision for penetrative sexual assault. The 2019 amendments have significantly strengthened this section by introducing a higher minimum sentence of 20 years for crimes against children under 16. This reflects the state’s commitment to a zero-tolerance policy towards child sexual abuse and ensures that the punishment is commensurate with the gravity of the violation of a child’s bodily integrity.