Section 8 POCSO: Punishment for sexual assault
Protection of Children from Sexual Offences Act, 2012
Section 8 POCSO at a Glance
Section 8 POCSO sets the punishment for sexual assault on a child. An offender faces imprisonment of either description for not less than 3 years and up to 5 years, and is also liable to fine.
3 to 5 years
Section 8 POCSO Bare Act Text
8. Punishment for sexual assault.
Whoever, commits sexual assault, shall be punished with imprisonment of either description for a term which shall not be less than three years but which may extend to five years, and shall also be liable to fine.
Section 8 POCSO in Simple Words
Section 8 POCSO prescribes the punishment for anyone who commits sexual assault against a child. Under Section 8 POCSO, a person who commits sexual assault faces imprisonment of either description for a term that is not less than 3 years and may extend to 5 years, and is also liable to fine in addition to imprisonment.
The meaning of "sexual assault" comes from Section 7 POCSO. Under Section 7 POCSO, a person commits sexual assault when, with sexual intent, the person 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.
An offence punishable under Section 8 POCSO is cognizable, so the police can register an FIR and arrest without a warrant, and non-bailable, so bail is not a matter of right and only a court can grant bail. Because POCSO does not have its own classification schedule, Part II of the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) governs the classification of an offence punishable with imprisonment for 3 years and upwards but not more than 7 years as cognizable and non-bailable. Under Section 28 POCSO, a Special Court tries offences under the Act, and the offence is not compoundable because POCSO has no provision allowing an offence to be compounded.
Ingredients of Section 8 POCSO
- The victim is a child, meaning any person below the age of 18 years (Section 2(1)(d) POCSO).
- The accused committed sexual assault as defined in Section 7 POCSO by acting with sexual intent.
- The act involved touching the vagina, penis, anus, or breast of the child, making the child touch the vagina, penis, anus, or breast of the accused or any other person, or doing any other act involving physical contact without penetration (Section 7 POCSO).
- Upon proof of sexual assault, Section 8 POCSO mandates imprisonment of either description for not less than 3 years and up to 5 years, and makes the offender liable to fine in addition to imprisonment.
Punishment Under Section 8 POCSO
3 to 5 years
Liable to fine in addition to imprisonment
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.
Under Section 8 POCSO, sexual assault is punishable with imprisonment of either description for a minimum of 3 years and a maximum of 5 years, and the offender is also liable to fine in addition to imprisonment. The offence is cognizable, non-bailable, and not compoundable. Cases under Section 8 POCSO are tried by the Special Court designated under Section 28 POCSO.
Example of Section 8 POCSO
When Section 8 POCSO Does Not Apply
- The sexual assault falls under one of the circumstances listed in Section 9 POCSO, which makes the offence aggravated sexual assault, punished under Section 10 POCSO.
FAQs on Section 8 POCSO
What is Section 8 POCSO?▼
Section 8 POCSO lays down the punishment for committing sexual assault on a child as defined in Section 7 POCSO. Under Section 8 POCSO, the offender faces imprisonment of either description for not less than 3 years and up to 5 years, and is also liable to fine in addition to imprisonment.
What is the minimum and maximum imprisonment under Section 8 POCSO?▼
The minimum imprisonment is 3 years and the maximum imprisonment is 5 years. Section 8 POCSO states that the term of imprisonment of either description must not be less than 3 years and may extend to 5 years, and the offender is also liable to fine in addition to imprisonment.
Can a court impose only a fine without imprisonment under Section 8 POCSO?▼
No. Section 8 POCSO mandates imprisonment for a term of not less than 3 years and up to 5 years, and makes the offender liable to fine in addition to imprisonment.
Is an offence under Section 8 POCSO bailable?▼
No. An offence under Section 8 POCSO is non-bailable under Part II of the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), so bail cannot be claimed as a matter of right and must be decided by the court.
Is an offence under Section 8 POCSO cognizable?▼
Yes. An offence under Section 8 POCSO is cognizable under Part II of the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), so the police can register an FIR and arrest the accused without a warrant.
Which court tries an offence under Section 8 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.
Can a case under Section 8 POCSO be compounded or settled between the parties?▼
No. An offence under Section 8 POCSO is not compoundable because POCSO has no provision allowing an offence under the Act to be compounded.
Have questions about Section 8 POCSO?
Ask NyayGuru about your situation and get an answer based on the Protection of Children from Sexual Offences Act, 2012.
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Sources: Bare Act Text, Protection of Children from Sexual Offences Act, 2012 (India Code) ·