Section 3 POCSO: Penetrative sexual assault
Protection of Children from Sexual Offences Act, 2012
Section 3 POCSO at a Glance
Section 3 POCSO defines penetrative sexual assault on a child in four clauses, (a) to (d). It sets no punishment itself; Section 4 POCSO punishes the offence.
Section 3 POCSO Bare Act Text
3. Penetrative sexual assault.
A person is said to commit “penetrative sexual assault” if—
(a) he penetrates his penis, to any extent, into the vagina, mouth, urethra or anus of a child or makes the child to do so with him or any other person; or
(b) he inserts, to any extent, any object or a part of the body, not being the penis, into the vagina, the urethra or anus of the child or makes the child to do so with him or any other person; or
(c) he manipulates any part of the body of the child so as to cause penetration into the vagina, urethra, anus or any part of body of the child or makes the child to do so with him or any other person; or
(d) he applies his mouth to the penis, vagina, anus, urethra of the child or makes the child to do so to such person or any other person.
Section 3 POCSO in Simple Words
Section 3 POCSO defines the acts that constitute penetrative sexual assault when committed against a child.
Clause (a) covers physical penetration by the offender to any extent into the specified body parts of the victim, or making the child do so with the offender or with any other person. Clause (b) covers inserting any object or any other body part to any extent into the specified body parts of the victim, or making the child do so with the offender or another person.
Clause (c) covers manipulating any part of the body of the victim so as to cause penetration into any part of the body, or making the child do so with the offender or another person. Clause (d) covers oral contact as specified in the statute, or making the child do so to the offender or any other person. Clauses (a) and (b) say the act is covered "to any extent", so it need not be complete.
When Section 3 POCSO Applies
- The victim is a child, meaning a person below 18 years of age under Section 2(1)(d) POCSO.
- The accused performs an act of penetration under clause (a) or insertion of an object or body part under clause (b), to any extent.
- Alternatively, the accused manipulates the body of the victim to cause penetration under clause (c), or commits an act specified under clause (d).
- Alternatively, the accused makes the child do any of the acts in clauses (a) to (d) with the accused or with any other person.
Example of Section 3 POCSO
FAQs on Section 3 POCSO
What is Section 3 POCSO?▼
Section 3 POCSO defines penetrative sexual assault on a child in four clauses. Section 3 POCSO defines the elements of the offence, while Section 4 POCSO provides the punishment.
Does Section 3 POCSO require complete penetration for the definition to apply?▼
No. Clauses (a) and (b) of Section 3 POCSO expressly state that penetration or insertion to any extent is sufficient to meet the statutory definition.
Does Section 3 POCSO apply if the accused makes the child do the act with a third person?▼
Yes. Each of the four clauses of Section 3 POCSO covers both doing the act and making the child do it with the offender or any other person.
Who is considered a child for the purposes of Section 3 POCSO?▼
Any person below 18 years of age. This age threshold is fixed by Section 2(1)(d) POCSO.
Have questions about Section 3 POCSO?
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Sources: Bare Act Text, Protection of Children from Sexual Offences Act, 2012 (India Code) ·