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Section 10: Punishment for aggravated sexual assault

Protection of Children from Sexual Offences Act, 2012 • Official Statutory Text & Practice Guide

Non-Bailable
Cognizable
Special Court (POCSO)
Act 2012
Section 9 All 46 Sections of Protection of Children from Sexual Offences Act, 2012 Section 11

Legal Commentary & Landmark Judgments: Section 10

Section 10 prescribes the statutory punishment for aggravated sexual assault under Section 9, setting a stringent mandatory sentencing framework.

  • Five-Year Mandatory Minimum: Prescribes rigorous imprisonment of not less than five years, with discretionary judicial power to extend sentences up to seven years.
  • Cumulative Fine Imposition: Mandates the addition of substantial monetary fines dedicated to victim trauma counseling and social reintegration.
  • Aggravated Non-Bailable Status: Treated as a grave non-bailable offence where bail is granted only under rigorous scrutiny of statutory presumption under Section 29.
  • Protection of Special Vulnerability: Sentencing reflects the dual culpability of sexual abuse compounded by betrayal of parental, educational, or custodial trust.

Section 10 guarantees that institutional abusers and authority figures face substantial custodial sentences, reinforcing safe environments across schools, shelters, and care homes.

Key Landmark Precedents:
  • Attorney General for India v. Satish (2021) 15 SCC 568: Emphasized that mandatory minimum sentencing under Section 10 reflects legislative gravity.
Legal Commentary:

Section 10 enforces a five-year minimum custodial sentence, barring probation or lenient fine-only dispositions for custodians who molest children.

Section 9 All 46 Sections of Protection of Children from Sexual Offences Act, 2012 Section 11