Section 6 POCSO: Punishment for aggravated penetrative sexual assault
Protection of Children from Sexual Offences Act, 2012
Section 6 POCSO at a Glance
Section 6 POCSO punishes aggravated penetrative sexual assault with rigorous imprisonment of at least 20 years, up to imprisonment for the rest of the convict’s natural life, and liability to fine, or with death.
Death, or imprisonment for life meaning the rest of the convict's natural life. At least 20 years rigorous imprisonment
Section 6 POCSO Bare Act Text
6. Punishment for aggravated penetrative sexual assault.
(1) Whoever commits aggravated penetrative sexual assault shall be punished with rigorous 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, or with death.
(2) 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
- Subs. by Act 25 of 2019, s. 5, for section 6 (w.e.f. 16-08-2019).
Section 6 POCSO in Simple Words
Section 6 POCSO prescribes the punishment for anyone who commits aggravated penetrative sexual assault as defined in Section 5 POCSO. Act 25 of 2019 substituted the whole section from 16 August 2019. An offence under Section 6 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 it cannot be settled by compromise), and tried by the Special Court designated under Section 28 POCSO.
Under Section 6(1) POCSO, the offender faces rigorous imprisonment for a term of at least 20 years. The term may extend to imprisonment for life, which Section 6(1) POCSO defines as imprisonment for the remainder of the natural life of that person, and the offender is also liable to fine, or the court may impose the punishment of death.
Under Section 6(2) POCSO, the fine imposed under Section 6(1) POCSO must be just and reasonable and must be paid to the victim to meet the medical expenses and rehabilitation of the victim.
Ingredients of Section 6 POCSO
- The accused committed aggravated penetrative sexual assault against a child, fulfilling the elements of Section 5 POCSO.
Punishment Under Section 6 POCSO
Death, or imprisonment for life meaning the rest of the convict's natural life. At least 20 years rigorous imprisonment
Liable to fine. 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 death or 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.
Under Section 6 POCSO, the punishment is rigorous imprisonment for at least 20 years up to imprisonment for life (meaning the remainder of the convict's natural life) and liability to fine, or the death penalty. The fine must be just and reasonable and is paid to the victim for medical expenses and rehabilitation. The offence is cognizable, non-bailable, non-compoundable, and triable by the Special Court.
Example of Section 6 POCSO
FAQs on Section 6 POCSO
What is Section 6 POCSO?▼
Section 6 POCSO prescribes the punishment for aggravated penetrative sexual assault against a child. It sets a minimum sentence of 20 years of rigorous imprisonment, which can extend to imprisonment for the rest of the convict's natural life, with liability to fine, or the death penalty.
Can a court impose simple imprisonment under Section 6 POCSO?▼
No. Section 6(1) POCSO provides for rigorous imprisonment of at least 20 years, so the term must be rigorous.
What does imprisonment for life mean under Section 6(1) POCSO?▼
Imprisonment for the remainder of the natural life of the convict. Section 6(1) POCSO explicitly defines life imprisonment in these terms.
Is an offence under Section 6 POCSO bailable or compoundable?▼
No. An offence under Section 6 POCSO is cognizable, non-bailable, and non-compoundable.
Who receives the fine imposed under Section 6 POCSO?▼
The victim. Under Section 6(2) POCSO, the fine imposed under Section 6(1) POCSO must be just and reasonable and is paid to the victim for medical expenses and rehabilitation.
When did the present Section 6 POCSO come into force?▼
16 August 2019. Act 25 of 2019 substituted the whole section from that date.
Have questions about Section 6 POCSO?
Ask NyayGuru about your situation and get an answer based on the Protection of Children from Sexual Offences Act, 2012.
Ask NyayGuru →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) ·