Section 10 POCSO: Punishment for aggravated sexual assault

Protection of Children from Sexual Offences Act, 2012

Section 10 POCSO at a Glance

Section 10 POCSO sets the punishment for aggravated sexual assault on a child. Anyone who commits aggravated sexual assault faces imprisonment of either description for a minimum of 5 years and up to 7 years, and is also liable to fine.

Punishment

5 to 7 years

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Special Court ⓘ

Section 10 POCSO Bare Act Text

10. Punishment for aggravated sexual assault.

Whoever, commits aggravated sexual assault shall be punished with imprisonment of either description for a term which shall not be less than five years but which may extend to seven years, and shall also be liable to fine.

Section 10 POCSO in Simple Words

Section 10 POCSO prescribes the punishment for anyone who commits aggravated sexual assault on a child. Section 9 POCSO defines the 22 circumstances in which sexual assault on a child, or administering or getting administered a drug, hormone, or chemical substance to a child for early sexual maturity, constitutes aggravated sexual assault. When an offence falls under any clause of Section 9 POCSO, the offender is punished under Section 10 POCSO.

Under Section 10 POCSO, the offender is punished with imprisonment of either description for a term that is not less than 5 years and may extend to 7 years. In addition to imprisonment, the offender is also liable to fine. This sets a mandatory minimum prison term of 5 years and a maximum prison term of 7 years.

Ingredients of Section 10 POCSO

  • The victim is a child, meaning any person below the age of 18 years under Section 2(1)(d) POCSO.
  • The accused commits aggravated sexual assault as defined under any of the clauses (a) to (v) of Section 9 POCSO.
  • Upon conviction under Section 10 POCSO, the sentence is imprisonment of either description for a term not less than 5 years and up to 7 years, and the offender is also liable to fine.

Punishment Under Section 10 POCSO

Imprisonment

5 to 7 years

Fine

Liable to fine in addition to imprisonment

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Special Court ⓘ

POCSO does not classify its offences, so Part II of the First Schedule to the BNSS decides it: an offence punishable with imprisonment for 3 years and upwards but not more than 7 years is cognizable and non-bailable. Section 28 POCSO makes the Special Court try offences under the Act. POCSO has no provision allowing an offence to be compounded.

Imprisonment of either description for 5 to 7 years, and liable to fine in addition to imprisonment. The offence is cognizable, non-bailable and not compoundable, and is tried by the Special Court.

Example of Section 10 POCSO

Naveen, a doctor on the staff of a Government hospital in Kochi, commits sexual assault on a 14-year-old patient inside the hospital. Because Naveen is on the staff of a hospital and commits sexual assault on a child in that hospital, the offence is aggravated sexual assault under Section 9(e) POCSO. The Special Court in Kochi tries Naveen and convicts Naveen of aggravated sexual assault. Under Section 10 POCSO, the Special Court must sentence Naveen to imprisonment of either description for a term of not less than 5 years and up to 7 years, and Naveen is also liable to fine in addition to imprisonment.

FAQs on Section 10 POCSO

What is Section 10 POCSO?▼

Section 10 POCSO prescribes the punishment for committing aggravated sexual assault on a child as defined in Section 9 POCSO. Whoever commits aggravated sexual assault is punished with imprisonment of either description for a term of not less than 5 years and up to 7 years, and is also liable to fine.

What is the minimum and maximum imprisonment under Section 10 POCSO?▼

5 years to 7 years. Under Section 10 POCSO, the term of imprisonment of either description must not be less than 5 years and may extend to 7 years, and the offender is also liable to fine in addition to imprisonment.

Is an offence under Section 10 POCSO bailable?▼

No. Because POCSO does not classify its offences, Part II of the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) classifies an offence punishable with imprisonment for 3 years and upwards but not more than 7 years as non-bailable, so bail is not a matter of right.

Is an offence under Section 10 POCSO cognizable?▼

Yes. Under Part II of the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), an offence punishable with imprisonment for 3 years and upwards but not more than 7 years is cognizable, so the police can register an FIR and arrest without a warrant.

Which court tries an offence under Section 10 POCSO?▼

The Special Court. Under Section 28 POCSO, the State Government designates a Court of Session in each district as a Special Court to try offences under POCSO.

Can an offence under Section 10 POCSO be compounded?▼

No. POCSO has no provision allowing an offence under the Act to be compounded.

Have questions about Section 10 POCSO?

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Protection of Children from Sexual Offences Act, 2012 (India Code) ·