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CHAPTER II SEXUAL OFFENCES AGAINST CHILDREN · A.—PENETRATIVE SEXUAL ASSAULT AND PUNISHMENT THEREFOR

Section 4: Punishment for penetrative sexual assault

The Protection of Children from Sexual Offences Act, 2012

1[(1)] Whoever commits penetrative sexual assault shall be punished with imprisonment of either description for a term which shall not be less than 2[ten years] but which may extend to imprisonment for life, and shall also be liable to fine.

3[(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.]

Footnotes in the official text

  1. 1.Section 4 renumbered as section 4(1) thereof by s. 3, ibid (w.e.f. 16-08-2019).
  2. 2.Subs. by s. 3, ibid., for “seven years” (w.e.f. 16-08-2019).
  3. 3.Ins. by s. 3, ibid. (w.e.f. 16-08-2019).

Questions on this section

4 questions in 11 of our papers cite Section 4. Try these from the free papers:

  1. 1. With reference to Pynchemalangaki Bareh v. State of Meghalaya (10 September 2026), consider the following statements: 1. A baptismal certificate is not one of the documents prescribed by Section 94(2) of the Juvenile Justice (Care and Protection of Children) Act, 2015 for determining age. 2. As the victim's minority was not proved, the conviction under Section 4 of the POCSO Act was altered to one under Section 376 IPC, there being no failure of justice under Section 464 CrPC. 3. The Court held that an ossification test must be conducted in every POCSO case even where a school certificate is available. Which of the statements given above is/are correct?

  2. 2. Under Section 193(2) BNSS, the investigation in relation to an offence of rape under Section 64 of the Bharatiya Nyaya Sanhita, 2023 shall be completed within what period from the date on which the information was recorded by the officer in charge of the police station?

  3. 3. Under Section 193(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the investigation of an offence under Section 4, 6, 8 or 10 of the POCSO Act must be completed within:

Practise questions on Special Criminal Laws