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Protection of Children from Sexual Offences Act - POCSO Act

The POCSO Act was enacted in 2012 and is gender neutral — it recognises that boys can be victims of sexual violence as well. It defines a child as someone under the age of 18. The Indian Penal Code does not recognise that sexual assault can be committed on boys.  

When is POCSO Used?

Sections of the POCSO Act may be added by the police in the First Information Report (FIR) whenever a sexual offence is committed against a child. While special laws override the IPC, sections of both are often mentioned in the FIR. For instance, an FIR would book an accused under section 376 (rape) of the IPC as well as relevant sections of the POCSO Act.

Punishments Under POCSO Act


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.

The fine imposed under sub-section shall be just and reasonable and paid to the victim to meet the medical expenses and rehabilitation of such victim.

Aggravated Penetrative Sexual Assault

  • Whoever being on the management or on the staff of a jail, remand home, protection home, observation home, or other place of custody or care and protection established by or under any law for the time being in force, commits penetrative sexual assault on a child, being inmate of such jail, remand home, protection home, observation home, or other place of custody or care and protection
  • Whoever being on the management or staff of a hospital, whether Government or private, commits penetrative sexual assault on a child in that hospital; or
  • Whoever being on the management or staff of an educational institution or religious institution, commits penetrative sexual assault on a child in that institution; or
  • Whoever commits gang penetrative sexual assault on a child.                                      Explanation.-- When a child is subjected to sexual assault by one or more persons of a group   in furtherance of their common intention, each of such persons shall be deemed to have committed gang penetrative sexual assault within the meaning of this clause and each of such person shall be liable for that act in the same manner as if it were done by him alone.
  • whoever being, in the ownership, or management, or staff, of any institution providing services to the child, commits penetrative sexual assault on the child.
  • Whoever being in a position of trust or authority of a child commits penetrative sexual assault on the child in an institution or home of the child or anywhere else.

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