Code: Section 6 POCSO Act
(1) 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.
(2) 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 6 POCSO
Section 6 of the Protection of Children from Sexual Offences Act (POCSO), 2012, prescribes the punishment for aggravated penetrative sexual assault on children. This section introduces extremely stringent penalties, including:
- Minimum 20 years of rigorous imprisonment
- Maximum: Life imprisonment (meaning for the remainder of natural life)
- The possibility of the death penalty in the most heinous cases
- Mandatory imposition of a fine, which is to be paid to the victim for medical and rehabilitation support
This provision reflects the gravity of crimes committed against children and aims to deter such offenses by setting out the harshest penalties in Indian criminal law.
What is “Aggravated Penetrative Sexual Assault”?
As per Section 5 of the POCSO Act, an aggravated assault includes:
- Assault by police, armed forces, public servants, etc.
- Assault on a child under 12 years
- Assault resulting in grievous hurt, mental trauma, or HIV infection
- Repeated assaults
- Assaults involving deadly weapons or dangerous substances
For full context, see: Section 5 of the POCSO Act
Illustration
Example 1: Assault by a Person in Authority
A school teacher sexually assaults a student under the age of 12. Since the offender is a person in a position of trust and the victim is a minor under 12, the act qualifies as “aggravated penetrative sexual assault.” Under Section 6 POCSO, the court may sentence the offender to rigorous imprisonment for life or even impose the death penalty, depending on the circumstances.
Example 2: Repeat Offender
An individual previously convicted under POCSO commits a second penetrative sexual assault. This repeat offense also qualifies as “aggravated,” and the person can face the maximum punishment, including life imprisonment or death.
Common Questions & Answers on Section 6 POCSO
1. What is the minimum punishment under Section 6?
- A minimum of 20 years rigorous imprisonment.
2. Can a person be sentenced to death under this section?
- Yes, in the most heinous or extreme cases, the court may award the death penalty.
3. What is meant by “life imprisonment” under Section 6?
- Life imprisonment here means imprisonment for the remainder of the natural life of the convict.
4. Is the victim entitled to compensation?
- Yes, the fine imposed must be just, reasonable, and paid to the victim to meet medical and rehabilitation expenses.
5. What if the offender is a repeat sexual offender?
- The case qualifies as aggravated, and the court may impose the highest punishment under Section 6.
Conclusion
Section 6 of the POCSO Act underscores India’s zero-tolerance policy for sexual crimes against children, especially in aggravated cases. It ensures severe punishment and victim compensation, emphasizing justice, deterrence, and victim support.
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