Section 3 POCSO Act
What actions count as penetrative sexual assault under the POCSO Act?
Short answer
Any act where an adult causes penetration of a child's genital, anal or oral area with a penis, object, body part, or forces the child to do so.
In detail
The law defines penetrative sexual assault as any situation in which a person makes a child experience penetration. This includes a man inserting his penis, even partially, into a child's vagina, mouth, urethra or anus, or causing the child to do the same with anyone else. It also covers inserting any object or any part of the body other than the penis into those areas, or forcing the child to insert such objects or body parts. Additionally, if a person manipulates the child's body so that penetration occurs, or makes the child use their mouth on the child's genital, anal or urethral area, those acts are also covered. The definition applies whether the act is done directly by the offender or the child is compelled to act with another person. All such conduct is illegal and intended to protect children from any form of sexual penetration.
Related questions
What punishment does the law prescribe for penetrative sexual assault on a child?
The offender can be jailed for at least seven years, up to life, and must also pay a fine.
What punishment does a person face for committing sexual assault on a child?
They can be sentenced to three to five years in prison and may also have to pay a fine.
What punishment does the law impose for aggravated penetrative sexual assault on a child?
The offender is sentenced to rigorous imprisonment of at least ten years, which may go up to life, and also must pay a fine.
When does a sexual assault on a child become an aggravated offence?
It is aggravated when the offender is a police officer, armed forces member, public servant, staff of a care or educational institution, a relative, or when the act involves a gang, weapons, serious injury, pregnancy, disease, disability, repeat attacks, or a child under twelve.
Not legal advice. This is general legal information, not legal advice. Laws change and every case turns on its own facts — speak to a lawyer about your situation.