Sexual Assault (POCSO)
Definition
Under POCSO 2012, any non-penetrative sexual touch of a child with sexual intent. Aggravated sexual assault attracts higher punishment when committed by a person in authority.
- Statute
- POCSO 2012
- Defined as
- Non-penetrative sexual touch of a child with sexual intent
- Aggravated form
- Committed by a person in authority
- Effect of aggravation
- Higher punishment
Common questions
How does sexual assault under POCSO differ from penetrative sexual assault?+
The non-penetrative form covers sexual touch without penetration, while penetrative sexual assault under POCSO covers acts involving penetration; the two carry different, escalating punishment tiers under the statute.
Why does a position of authority raise the offence to aggravated?+
POCSO treats abuse of trust or power, such as by a relative, teacher, or caregiver, as more serious because it exploits the child's dependence on the offender, which the statute reflects with enhanced penalties.
Related terms
- Consent
- Under BNS 2023 Explanation 2 to Section 63, unequivocal voluntary agreement by words, gestures or any verbal or non-verbal communication. Absence of...
- Fast-Track Court
- Designated court (often Fast Track Special Court, FTSC) set up under the 2019 scheme to dispose POCSO and rape cases within stipulated...
- Marital Rape Exception
- Exception 2 to BNS 2023 Section 63 (carrying forward IPC 375 Exception 2): intercourse by a man with his own wife not...
- MoH&FW Protocol 2014
- Ministry of Health and Family Welfare Guidelines and Protocols for Medico-legal Care for Survivors and Victims of Sexual Violence, 2014. Standardised history,...
- Penetration
- Even slight penetration of the vagina, mouth, urethra or anus by the penis, any body part, or any object is sufficient to...
- POCSO 2012
- The Protection of Children from Sexual Offences Act 2012 (India); establishes criminal liability for child sexual abuse but does not mandate sex-offender...
- Rape (BNS 2023 Section 63)
- Sexual intercourse or specified penetrative acts by a man with a woman without her consent, against her will, by coercion, by misrepresentation,...
- Statutory Rape
- Sexual intercourse with a person below the age of consent (18 in India), regardless of consent. The minor's consent is legally irrelevant.
- Two-Finger Test
- Discredited per-vaginal examination once used to comment on habituation to intercourse. Banned by the Supreme Court in Lillu @ Rajesh v State...