Section 4 POCSO: Punishment for penetrative sexual assault
Protection of Children from Sexual Offences Act, 2012
Section 4 POCSO at a Glance
Section 4 POCSO punishes penetrative sexual assault with imprisonment of at least 10 years, up to imprisonment for life, and liability to fine. If the child is below 16, the minimum is 20 years and life means the rest of the convict’s natural life.
Imprisonment for life. At least 10 years; at least 20 years if the child is below 16, and life then means the rest of the convict's natural life
Section 4 POCSO Bare Act 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.
Amendments to this section
- Section 4 renumbered as section 4(1) thereof by Act 25 of 2019, s. 3 (w.e.f. 16-08-2019).
- Subs. by Act 25 of 2019, s. 3, for "seven years" (w.e.f. 16-08-2019).
- Ins. by Act 25 of 2019, s. 3 (w.e.f. 16-08-2019).
Section 4 POCSO in Simple Words
Section 4 POCSO sets the punishment for any person who commits penetrative sexual assault as defined in Section 3 POCSO. An offence under Section 4 POCSO is cognizable (meaning the police can register an FIR and arrest without a warrant), non-bailable (meaning bail is not a matter of right and is decided by the court), non-compoundable (meaning the case cannot be settled by compromise), and tried by the Special Court designated under Section 28 POCSO.
Under Section 4(1) POCSO, the offender faces imprisonment of either description (rigorous or simple) for a minimum term of 10 years, which may extend to imprisonment for life, and is also liable to fine. Act 25 of 2019, in force from 16 August 2019, numbered the old section as sub-section (1) and raised its minimum from 7 years to 10 years.
Under Section 4(2) POCSO, added by the same Act, if the victim is a child below 16 years of age, the minimum imprisonment is 20 years, extendable to imprisonment for life, which means imprisonment for the remainder of the natural life of that person, and the offender is also liable to fine.
Under Section 4(3) POCSO, the fine imposed under Section 4(1) POCSO must be just and reasonable and must be paid to the victim to cover medical expenses and rehabilitation.
Ingredients of Section 4 POCSO
- The accused committed penetrative sexual assault, as defined in Section 3 POCSO, on a child.
- Section 4(1) POCSO applies to every such offence.
- Section 4(2) POCSO applies the higher minimum when the child was below 16 years of age.
Punishment Under Section 4 POCSO
Imprisonment for life. At least 10 years; at least 20 years if the child is below 16, and life then means the rest of the convict's natural life
Liable to fine. Under sub-section (1) it must be just and reasonable and is paid to the victim for medical expenses and rehabilitation
POCSO does not classify its offences, so Part II of the First Schedule to the BNSS decides it: an offence punishable with imprisonment for life 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 for at least 10 years, up to imprisonment for life, and liable to fine. If the child is below 16, at least 20 years, up to imprisonment for the rest of the convict’s natural life, and liable to fine. The offence is cognizable, non-bailable, non-compoundable and tried by the Special Court.
Example of Section 4 POCSO
FAQs on Section 4 POCSO
What is Section 4 POCSO?▼
Section 4 POCSO sets the punishment for committing penetrative sexual assault against a child. It prescribes a minimum sentence of 10 years in prison under Section 4(1) POCSO, or a minimum of 20 years under Section 4(2) POCSO when the victim is below 16 years of age.
Is an offence under Section 4 POCSO bailable?▼
No. An offence under Section 4 POCSO is non-bailable and cognizable.
Can a case under Section 4 POCSO be compromised or compounded?▼
No. POCSO contains no provision allowing an offence under Section 4 POCSO to be compounded.
Which court tries an offence under Section 4 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 the Act.
How is the fine collected under Section 4(1) POCSO used?▼
To pay the victim. Under Section 4(3) POCSO, the fine imposed under Section 4(1) POCSO must be just and reasonable and is paid to the victim to meet medical expenses and rehabilitation.
When was the minimum punishment in Section 4 POCSO increased?▼
16 August 2019. Act 25 of 2019 raised the minimum in Section 4(1) POCSO from 7 years to 10 years and added sub-sections (2) and (3).
Have questions about Section 4 POCSO?
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Sources: Bare Act Text, Protection of Children from Sexual Offences Act, 2012 (India Code) ·