Section 3 of Pocso Act 2012 - Penetrative sexual assault

CHAPTER II SEXUAL OFFENCES AGAINST CHILDREN

A. PENETRATIVE SEXUAL ASSAULT AND PUNISHMENT THEREFOR

Section 3 of Protection of Children from Sexual Offences Act, 2012 : Penetrative sexual assault

(1) In this Act, unless the context otherwise requires, -

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 4 of Protection of Children from Sexual Offences Act, 2012 : 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.

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*Subs. by Act 25 of 2019, s.2 (w.e.f. 5-8-2019)

**Ins. by Act 25 of 2019, s.2 (w.e.f. 5-8-2019)