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Section 8: Punishment for sexual assault

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

Non-Bailable
Cognizable
Special Court (POCSO)
Act 2012
Section 7 All 46 Sections of Protection of Children from Sexual Offences Act, 2012 Section 9

Legal Commentary & Landmark Judgments: Section 8

Section 8 prescribes the penal consequences for committing sexual assault under Section 7, establishing mandatory custodial sentencing and financial penalties.

  • Mandatory Three-Year Minimum: Mandates imprisonment of either description for a term which shall not be less than three years, extending up to five years.
  • Mandatory Fine Requirement: Requires the Special Court to impose a fine in addition to imprisonment, contributing to victim compensation.
  • Non-Compoundable Classification: Classified as a non-compoundable offence, precluding private monetary settlements or informal compromise between the offender and the victim's family.
  • Statutory Presumption Interplay: Operates in tandem with Section 30, requiring the court to presume culpable mental state once foundational physical touching is proved.

Section 8 ensures that non-penetrative sexual abuse carries assured custodial consequences, reinforcing deterrence against fondling and molestation of minors.

Key Landmark Precedents:
  • Attorney General for India v. Satish (2021) 15 SCC 568: Reiterated that sentencing under Section 8 is mandatory upon establishing sexual intent and physical contact.
Legal Commentary:

Section 8 provides substantial custodial deterrence against non-penetrative sexual molestation, ensuring that predatory physical touching is punished with mandatory multi-year imprisonment.

Section 7 All 46 Sections of Protection of Children from Sexual Offences Act, 2012 Section 9