Section 7 POCSO: Sexual assault

Protection of Children from Sexual Offences Act, 2012

Section 7 POCSO at a Glance

Section 7 POCSO defines sexual assault on a child. It covers touching a child's vagina, penis, anus, or breast with sexual intent, making the child touch those parts, or doing any other act with sexual intent involving physical contact without penetration.

Section 7 POCSO Bare Act Text

7. Sexual assault.

Whoever, with sexual intent touches the vagina, penis, anus or breast of the child or makes the child touch the vagina, penis, anus or breast of such person or any other person, or does any other act with sexual intent which involves physical contact without penetration is said to commit sexual assault.

Section 7 POCSO in Simple Words

Section 7 POCSO defines what acts constitute "sexual assault" against a child. Section 7 POCSO sets out three ways in which a person commits sexual assault, and every one of them requires sexual intent.

First, a person commits sexual assault under Section 7 POCSO if, with sexual intent, the person touches the vagina, penis, anus, or breast of the child. Second, a person commits sexual assault if, with sexual intent, the person makes the child touch the vagina, penis, anus, or breast of that person or of any other person.

Third, a person commits sexual assault under Section 7 POCSO if the person does any other act with sexual intent that involves physical contact with the child without penetration. Penetrative sexual assault is defined separately, in Section 3 POCSO. Section 8 POCSO punishes sexual assault.

When Section 7 POCSO Applies

  • The victim is a child, meaning any person below the age of 18 years (Section 2(1)(d) POCSO).
  • The person acts with sexual intent.
  • The person either (a) touches the vagina, penis, anus, or breast of the child, (b) makes the child touch the vagina, penis, anus, or breast of that person or any other person, or (c) does any other act involving physical contact without penetration.

Example of Section 7 POCSO

In Surat, Prakash approaches a 13-year-old student at a bus stop and, with sexual intent, makes physical contact with the child without penetration. Because the student is below 18 years of age, the student is a child under Section 2(1)(d) POCSO. Because Prakash acted with sexual intent and the act involved physical contact with the child without penetration, the act meets all the requirements of sexual assault defined in Section 7 POCSO.

FAQs on Section 7 POCSO

What is Section 7 POCSO?▼

Section 7 POCSO defines sexual assault against a child under the Protection of Children from Sexual Offences Act, 2012. Under Section 7 POCSO, sexual assault is committed when a person, with sexual intent, touches the vagina, penis, anus, or breast of a child, makes the child touch those body parts of that person or any other person, or does any other act involving physical contact without penetration.

Is sexual intent required for sexual assault under Section 7 POCSO?▼

Yes. Section 7 POCSO explicitly requires that the touching or other physical contact be done with sexual intent.

Does Section 7 POCSO cover acts where the offender makes the child touch another person?▼

Yes. Section 7 POCSO applies if a person, with sexual intent, makes the child touch the vagina, penis, anus, or breast of that person or of any other person.

Does Section 7 POCSO apply only to touching the four named body parts?▼

No. In addition to touching the vagina, penis, anus, or breast, Section 7 POCSO covers any other act done with sexual intent that involves physical contact without penetration.

How does sexual assault under Section 7 POCSO differ from penetrative sexual assault under Section 3 POCSO?▼

Section 7 POCSO covers sexual touching, and any other act with sexual intent that involves physical contact without penetration. Penetrative sexual assault is defined separately, in Section 3 POCSO, and punished more heavily under Section 4 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) ·