BACK TO POCSO Act 2012
POCSO Act 2012
Section 10
Punishment for Aggravated Sexual Assault
THE STATUTE
Original Text
Whoever commits aggravated sexual assault shall be punished with imprisonment of either description for a term which shall not be less than five years but which may extend to seven years, and shall also be liable to fine.
Legal Commentary
Section 10 is the punishment provision for Section 9 (aggravated sexual assault). It provides a 5–7 year range — above the basic Section 8 (3–5 years) and well below the aggravated penetrative Section 6 (20 years to life).
**The sentencing ladder under POCSO for sexual touching offences:**
- Section 7 (basic sexual assault) → Section 8: 3–5 years
- Section 9 (aggravated sexual assault) → Section 10: 5–7 years
- Compare: Section 3 (penetrative) → Section 4: 7 years to life
- Section 5 (aggravated penetrative) → Section 6: 20 years to life
**Fine:** As with Section 8, the fine under Section 10 is not specifically directed to the victim by the Act itself — but courts use CrPC/BNSS Section 357 to direct victim compensation.
**Mandatory minimum:** The 5-year minimum is absolute. Courts have rejected attempts to reduce below the minimum for first-time offenders or cases involving the accused's old age or family circumstances.
Questions & Answers
5 years rigorous imprisonment. The maximum is 7 years. The 5-year minimum is mandatory — courts cannot reduce below it regardless of mitigating factors. Section 10 punishes the aggravated non-penetrative sexual assault defined in Section 9.