Code: Section 7 POCSO Act
Whoever, with sexual intent touches the vagina, penis, anus or breast of the child or makes the child touch the vagina, penis, anus or breast of such person or any other person, or does any other act with sexual intent which involves physical contact without penetration is said to commit sexual assault.
Explanation of Section 7 POCSO
Section 7 of the Protection of Children from Sexual Offences Act (POCSO), 2012, defines what constitutes sexual assault. Under this provision, an individual is deemed to have committed sexual assault if they:
- Touch the vagina, penis, anus, or breast of a child with sexual intent, or
- Make the child touch the vagina, penis, anus, or breast of the person or any other person, or
- Perform any other act involving physical contact with sexual intent without penetration.
The key point here is that sexual assault under this section does not involve penetration. Instead, it focuses on acts that involve physical contact or inappropriate touching with sexual intent, targeting children under the age of 18.
Key Provisions of Section 7
- Sexual intent: The offender must have a sexual intent or motive behind the action. It is not simply about touching, but about the motive behind the act.
- No penetration required: Unlike other sexual offenses, this section does not require penetration, which differentiates it from offenses like penetrative sexual assault (Section 3 of the POCSO Act).
- Acts with children: The victim must be a child (under 18 years of age). The section specifically targets sexual offenses against children and is designed to protect minors from physical abuse of a sexual nature.
Illustration
Example 1: Inappropriate Touching by an Adult
An adult touches the breast of a child, or forces the child to touch their own genitalia. Even though no penetration has occurred, the adult can be charged under Section 7 of the POCSO Act, as it involves sexual intent and physical contact without penetration.
Example 2: Grooming or Manipulation
A person manipulates or coerces a child into touching their genitalia or makes them touch another person’s body parts. This would be considered a sexual assault under Section 7, as it involves sexual contact and intent without penetration.
Common Questions & Answers on Section 7 POCSO
1. Does sexual assault under Section 7 require penetration?
- No, sexual assault under Section 7 does not involve penetration. It refers to any inappropriate physical contact with a child with sexual intent.
2. What actions are considered sexual assault under this section?
- Actions such as touching or making the child touch private body parts (vagina, penis, anus, or breast), or other acts of physical contact with sexual intent, are considered sexual assault.
3. Can an offender be punished for sexual assault even if there was no penetration?
- Yes, an offender can be punished for sexual assault under Section 7, even without penetration. It is the act of sexual intent and inappropriate contact that leads to charges.
4. Who can be charged under Section 7 of the POCSO Act?
- Any person who engages in sexual acts involving physical contact with a child with sexual intent can be charged under this section, regardless of whether penetration occurs.
5. Is consent a defense for sexual assault under Section 7?
- No, children cannot give consent for sexual acts, and any act of physical contact of a sexual nature with a child is considered sexual assault, regardless of the child’s supposed consent.
Conclusion
Section 7 of the Protection of Children from Sexual Offences Act (POCSO) provides critical legal protection against inappropriate sexual contact with children. It ensures that acts involving sexual intent, even without penetration, are criminalized to safeguard minors from sexual abuse.
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