Code: Section 3
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.
Explanation of Section 3 POCSO
Section 3 of the Protection of Children from Sexual Offences Act, 2012 defines the offence of “penetrative sexual assault” in clear and inclusive terms. It covers a broad range of acts involving any form of sexual penetration or oral sexual conduct with a child.
A child is defined under Section 2(d) as any person below the age of 18 years. This provision ensures protection for all minors regardless of gender and applies to both male and female victims.
Acts that constitute penetrative sexual assault under this section include:
- Penetration of the penis into the child’s vagina, anus, urethra, or mouth.
- Insertion of any object or any body part (other than the penis) into the child’s private parts.
- Manipulation of the child’s body to cause such penetration.
- Oral contact with the child’s genital or anal region, or coercing the child to do the same.
This definition ensures that all invasive sexual acts are covered under the law.
Illustration
Example 1: A man inserts his fingers into the private parts of a 10-year-old girl.
→ This is penetrative sexual assault under clause (b).
Example 2: A person forces a minor boy to perform oral sex.
→ This act is punishable under clause (d) as penetrative sexual assault.
Example 3: An adult manipulates the child’s body to create penetration using an object.
→ This is an offence under clause (c) of Section 3.
Common Questions and Answers on Section 3 POCSO
1. Who is considered a “child” under this law?
Any person below 18 years of age is considered a child under Section 2(d) of the POCSO Act.
2. Is full penetration required for an act to be considered an offence?
No. Even the slightest penetration (“to any extent”) qualifies as penetrative sexual assault under Section 3.
3. Does this section apply to female offenders as well?
Yes. The POCSO Act is gender-neutral regarding the accused. Any person can be held liable for committing such offences against a child.
4. Is oral sex covered under this section?
Yes. Applying the mouth to a child’s genitals or coercing the child to do so qualifies as penetrative sexual assault under clause (d).
5. What if the act is committed using an object or a body part other than the penis?
That still qualifies as penetrative sexual assault under clause (b). The law covers both penile and non-penile penetration.
Conclusion
Section 3 of the POCSO Act plays a critical role in safeguarding children from all forms of invasive sexual conduct. Its broad and inclusive language ensures that no loophole exists for offenders to escape liability. By explicitly covering various forms of physical and oral penetration, the Act strengthens child protection laws in India.
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