Code: Section 8 POCSO Act
Whoever, commits sexual assault, shall be punished with imprisonment of either description for a term which shall not be less than three years but which may extend to five years, and shall also be liable to fine.
Explanation of Section 8 POCSO
Section 8 of the Protection of Children from Sexual Offences Act (POCSO), 2012, prescribes the punishment for sexual assault under Section 7. The punishment is aimed at individuals who commit acts of physical contact with sexual intent, targeting children under the age of 18.
Key Features of Section 8:
- Imprisonment: The punishment for sexual assault under Section 8 involves imprisonment for a term of no less than three years but may extend to five years.
- Fine: In addition to imprisonment, the offender is also liable to pay a fine, which is meant to serve as an additional deterrent and can be used for the victim’s rehabilitation.
The purpose of this section is to provide a proportionate punishment for offenders who commit sexual assault without penetration, ensuring that the punishment matches the severity of the crime while also allowing for the protection and rehabilitation of the victim.
Illustration
Example 1: Physical Contact Without Penetration
A man inappropriately touches a child’s private parts with sexual intent. Under Section 7, this would qualify as sexual assault, and under Section 8, the offender would face a minimum of 3 years of imprisonment and a fine.
Example 2: Coercion or Manipulation
A person coerces a child into touching their body parts. While this may not involve penetration, it is still sexual assault. As per Section 8, the offender could face up to 5 years in prison and a fine.
Common Questions & Answers on Section 8 POCSO
1. What is the punishment for sexual assault under Section 8?
- The punishment for sexual assault under Section 8 is imprisonment for a term not less than three years but up to five years, along with a fine.
2. Is there a minimum or maximum prison term for sexual assault?
- Yes, the minimum term is three years, and the maximum term is five years.
3. Can the fine be waived in some cases?
- The court may impose a fine, but it is generally mandatory for the offender to pay a fine, especially when it is linked to the rehabilitation of the victim.
4. Can a person be sentenced to both imprisonment and a fine?
- Yes, the offender can be sentenced to both imprisonment and a fine, as stipulated under Section 8.
5. Does the punishment depend on the severity of the sexual assault?
- Section 8 provides a standard punishment for sexual assault, regardless of its specific circumstances. However, the court may consider factors such as aggravating circumstances when sentencing.
Conclusion
Section 8 of the Protection of Children from Sexual Offences Act (POCSO) ensures that individuals who commit sexual assault on children face significant penalties, including imprisonment and a fine. The law provides a strong deterrent against sexual offenses while ensuring that offenders are held accountable for their actions.
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