Code: Section 4
(1)Whoever commits penetrative sexual assault shall be punished with imprisonment of either description for a term which shall not be less than 4[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.]
Explanation of Section 4 POCSO
Section 4 of the Protection of Children from Sexual Offences Act, 2012 prescribes the punishment for the offence of penetrative sexual assault as defined under Section 3 of the Act.
This section introduces graded punishment based on the age of the victim:
- For general penetrative sexual assault (i.e., on a child under 18 but above 16): minimum 10 years of imprisonment, which may extend to life imprisonment.
- For penetrative sexual assault on a child below 16 years of age: minimum 20 years of imprisonment, extendable to life imprisonment, meaning imprisonment for the remainder of the natural life of the offender.
In both cases, the offender is also liable to pay a fine. Under sub-section (3), the fine must be just, reasonable, and specifically directed toward covering the victim’s medical treatment and rehabilitation.
This section reflects the legislature’s intention to adopt a stricter stance when younger children are subjected to such crimes.
Illustration
Example 1: A 35-year-old man is convicted of penetrative sexual assault on a 14-year-old girl.
→ He shall be punished with at least 20 years of imprisonment under Section 4(2).
Example 2: An adult commits penetrative sexual assault on a 17-year-old boy.
→ The offender will be punished with a minimum of 10 years of imprisonment, as per Section 4(1).
Example 3: A trial court imposes a fine of ₹1,00,000 on a convicted offender.
→ Under Section 4(3), this amount should be directed toward the child’s medical care and psychological rehabilitation.
Common Questions and Answers on Section 4 POCSO
1. What is the minimum punishment under Section 4 for penetrative sexual assault?
The minimum punishment is 10 years of imprisonment, which may extend to life imprisonment. If the child is below 16, the minimum is 20 years.
2. What does “life imprisonment” mean under Section 4(2)?
It means imprisonment for the remainder of the natural life of the offender when the victim is below 16 years of age.
3. Can the Court impose a fine along with imprisonment?
Yes. The Court must impose a fine that is just and reasonable. The amount is to be paid to the victim for their medical treatment and rehabilitation.
4. Is the punishment gender-specific?
No. The POCSO Act is gender-neutral. Any person who commits the offence, regardless of gender, is liable under this section.
5. Does this section apply only to repeat offenders?
No. Section 4 applies to all individuals who commit the offence of penetrative sexual assault, regardless of whether it is a first-time or repeat offence.
Conclusion
Section 4 of the POCSO Act plays a vital role in ensuring strict and proportionate punishment for the heinous offence of penetrative sexual assault against children. By introducing harsher penalties for crimes against children below 16, the law sends a strong message of zero tolerance. The requirement to direct fines toward the victim’s recovery further ensures a victim-centric approach in the justice process.
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