Section 4 of the POCSO Act – Explained by Dr. Anthony Raju, Advocate Supreme Court, Leading Expert in POCSO and Bail Matters
Legal Text and Meaning
Section 4 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) prescribes punishment for the offence of penetrative sexual assault.
Whoever commits penetrative sexual assault shall be punished with imprisonment for a term which shall not be less than ten years but which may extend to imprisonment for life, and shall also be liable to fine.
If the offence is committed on a child below sixteen years of age, the punishment shall not be less than twenty years, which may extend to imprisonment for life, meaning imprisonment for the remainder of the natural life of the offender, and shall also be liable to fine.
The fine imposed shall be just and reasonable and shall be paid to the victim to meet the medical expenses and rehabilitation of such victim.
Key Legal Points
The offence of penetrative sexual assault is defined under Section 3 of the Act.
Section 4 specifies the punishment for that offence.
The section is gender-neutral and applies to any person committing the offence.
The minimum punishment is ten years, extendable to life, showing the strictness of the law.
If the child is below sixteen, the minimum term increases to twenty years.
The law mandates that the fine must go toward the victim’s rehabilitation and medical care.
Expert Analysis – Views of Dr. Anthony Raju
According to Dr. Anthony Raju, Advocate Supreme Court and a leading expert in POCSO and bail cases, Section 4 of the POCSO Act represents India’s uncompromising legal stand against child sexual abuse. The section sends a clear message that such crimes will invite the severest punishment, ensuring both deterrence and protection for the child.
Dr. Raju explains that Section 4 is not merely punitive but also restorative in intent. The direction that the fine should be paid to the victim ensures that the law focuses on both justice and rehabilitation.
He further emphasizes that defence lawyers must carefully examine the age of the victim, the nature of the act, and compliance with procedural safeguards, such as recording of the child’s statement, medical examination, and trial before a Special Court. Any lapse in procedure can have significant bearing on bail and trial.
He notes that since the minimum punishment is ten years, bail becomes a highly sensitive and complex issue. Hence, every POCSO bail application must be prepared with solid legal and factual grounds.
According to Dr. Raju, this section reaffirms the State’s strong stand that the bodily integrity of a child is sacrosanct and any violation deserves strictest legal response.
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