Code: Section 10 POCSO Act
Whoever, commits aggravated sexual assault shall be punished with imprisonment of either description for a term which shall not be less than five years but which may extend to seven years, and shall also be liable to fine.
Explanation of Section 10 POCSO Act
Section 10 of the Protection of Children from Sexual Offences Act (POCSO) defines the punishment for aggravated sexual assault against children. This provision ensures that anyone committing sexual assault under severe circumstances faces significant penalties.
Key Provisions of Section 10 POCSO:
- Imprisonment for Aggravated Sexual Assault:
- The law prescribes a minimum sentence of 5 years and a maximum sentence of 7 years for aggravated sexual assault against a child.
- Fine:
- In addition to the imprisonment, offenders will also face a fine. The fine is meant to aid the victim and act as a deterrent.
Illustration of Section 10 POCSO
Example 1: Police Officer’s Sexual Assault on a Child
A police officer commits sexual assault on a child within the police station. The court classifies this as aggravated sexual assault. The offender will face 5 to 7 years of imprisonment, as per Section 10 of the POCSO Act, and a fine.
Example 2: Sexual Assault with Deadly Weapons
An offender uses a deadly weapon like a knife while assaulting a child. The court will apply Section 10 and sentence the offender to 5 to 7 years of imprisonment, alongside a fine.
Common Questions & Answers on Section 10 POCSO
1. What is the punishment for aggravated sexual assault under Section 10 of POCSO?
- Section 10 stipulates that aggravated sexual assault carries a sentence of 5 to 7 years in prison and a fine.
2. Can the term of imprisonment be reduced under Section 10 of POCSO?
- No, the sentence is mandatory for 5 years minimum, extending to 7 years, based on the crime’s severity.
3. Is there a fine imposed for aggravated sexual assault?
- Yes, Section 10 mandates a fine, which accompanies the prison sentence.
4. How does POCSO Act protect children from sexual assault?
- The POCSO Act imposes strict penalties for sexual offenses, including aggravated sexual assault, to deter such crimes and protect children.
Conclusion
Section 10 of the Protection of Children from Sexual Offences Act (POCSO) provides a strong deterrent for anyone guilty of aggravated sexual assault against children. It mandates a minimum of 5 years in prison and a maximum of 7 years, along with a fine. This law is designed to protect children and ensure that justice is served for these heinous crimes.
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