Penetrative sexual assault
Section 3 of the Protection of Children from Sexual Offences Act, 2012 deals with penetrative sexual assault. A person is said to commit "penetrative sexual assault" if-- (a) he penetrates his penis, to any extent, into the vagina, mouth, urethra or anus of a child or makes the child to do so with him or any other person; The Act came into force on 14 Nov 2012.
A person is said to commit "penetrative sexual assault" if--
(a) he penetrates his penis, to any extent, into the vagina, mouth, urethra or anus of a child or makes the child to do so with him or any other person; or
(b) he inserts, to any extent, any object or a part of the body, not being the penis, into the vagina, the urethra or anus of the child or makes the child to do so with him or any other person; or
(c) he manipulates any part of the body of the child so as to cause penetration into the vagina, urethra, anus or any part of body of the child or makes the child to do so with him or any other person; or
(d) he applies his mouth to the penis, vagina, anus, urethra of the child or makes the child to do so to such person or any other person.
Section 3, The Protection of Children from Sexual Offences Act, 2012 (Act 32 of 2012).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Referred to by 6
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Nawabuddin v. State of Uttarakhand
Court's Decision & Legal Precedent
Judgement of Main Case order-8.pdf 2022-02-08 DATE-CHECK FP (2016-06-17 incident / 2019-08-22 HC; digitally signed 2022.02.08; Crl.A. 144/2022 M.R. Shah / B.V. Nagarathna REPORTABLE). Isolate: inserting a finger into a child’s vagina is penetrative sexual assault under s.3(b) (‘any object or a part of the body, not being the penis’); it is not merely s.7/8 sexual assault. Because the child was below twelve, s.5(m)/s.6 also apply, but those sections are filled by Sonu Kushwaha — attach s.3 only. Do not pad IPC 376 (already filled).
On this section: POCSO s.3(b): finger-insertion into the vagina is penetrative sexual assault, not a lesser s.7 sexual assault (Nawabuddin). Do not pad 5/6 (Sonu) or IPC 376.
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The State of Maharashtra vs Kisan Surwanshi
Court's Decision & Legal Precedent
The prosecution must prove beyond reasonable doubt that the victim was a minor at the time of the alleged incident in cases under the Protection of Children from Sexual Offences Act. A school bonafide certificate, being a private document, must be properly proved through the concerned school authority and cannot be relied upon as sole evidence of age without corroborating documentary evidence such as a birth certificate. When the victim's own testimony and that of her parents contradict the prosecution's allegations of kidnapping and sexual assault, and when the victim testifies to a consensual relationship, the prosecution's case fails in the absence of independent corroborating evidence. The burden of proof lies entirely on the prosecution to establish each element of the charge beyond reasonable doubt.
On this section: Punishment for penetrative sexual assault - charge against accused; court found prosecution failed to prove victim was a minor
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Vishvendra Kumar vs State of Rajasthan through Pp
Court's Decision & Legal Precedent
In cases involving sexual offences where the prosecutrix expresses her consent, love, and willingness to marry the accused, and the accused is willing to marry the prosecutrix, bail may be granted as it would be just and expedient to do so, subject to the satisfaction of the Trial Court.
On this section: Provisions protecting children from sexual offences; the petitioner was charged under these sections, indicating the prosecutrix may be a minor or child
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… Criminal Reference Case No.05/2020, Fifth Additional Sessions Judge & Special Judge (Protection of Children from Sexual Offences Act, 2012), Gwalior (MP) vide judgment dated 16.09.2020 in Special Sessions Trial No. 122/2017, having found the accused guilty under Sections 363, 377, 302, 201 (Part-1) of IPC and under Section 3/4 of Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as the 'POCSO Act'), has inflicted penalty of death sentence and has submitted the matter for confirmation under Section 366 of Cr.P.C. 3. Criminal Appeal No.4965/2020 has been filed by the accused from jail against the …
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… Criminal Reference Case No.05/2020, Fifth Additional Sessions Judge & Special Judge (Protection of Children from Sexual Offences Act, 2012), Gwalior (MP) vide judgment dated 16.09.2020 in Special Sessions Trial No. 122/2017, having found the accused guilty under Sections 363, 377, 302, 201 (Part-1) of IPC and under Section 3/4 of Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as the 'POCSO Act'), has inflicted penalty of death sentence and has submitted the matter for confirmation under Section 366 of Cr.P.C. 3. Criminal Appeal No.4965/2020 has been filed by the accused from jail against the …
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… (5) After completion of necessary investigation, police filed the charge-sheet. The matter was committed for trial. The accused was charged for committing offence punishable under Sections 377, 302, 201(1), 363 IPC and Section 4 read with Section 3 of Protection of Children from Sexual Offences Act, 2012. The accused abjured his guilt. The matter was committed for trial. Prosecution examined 28 witnesses and exhibited 36 documents to bring home the charge. Whereas, the accused person while confronting the prosecution witnesses exhibited 9 documents. (6) …
Made under this section, and citing it
1 instrument names this provision in its title or its text without being made under it.
Questions about Section 3
What have the courts held on Section 3 of the Protection of Children from Sexual Offences Act?
Nawabuddin v. State of Uttarakhand (08 Feb 2022) is the leading judgment on this section among those set out below: POCSO s.3(b): finger-insertion into the vagina is penetrative sexual assault, not a lesser s.7 sexual assault (Nawabuddin). Do not pad 5/6 (Sonu) or IPC 376. Another 2 judgments on this section are set out below, 1 of them from the Supreme Court. They run from 2016 to 2022.
How do I find court cases under Section 3 of the Protection of Children from Sexual Offences Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Pocso Act 3, section 3 Pocso Act, section 3 of the Protection of Children from Sexual Offences Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 3 reported judgments on this section are set out on this page, beginning with Nawabuddin v. State of Uttarakhand (08 Feb 2022).
What should I read with Section 3 of the Protection of Children from Sexual Offences Act, and has it changed?
6 other provisions in this corpus refer back to it. One instrument names it without being made under it, most recently The Protection of Children from Sexual Offences Rules, 2012 (2012).
When did Section 3 of the Protection of Children from Sexual Offences Act come into force?
Section 3 of the Protection of Children from Sexual Offences Act, commonly called pocso or child sexual abuse, and cited as Pocso Act 3, came into force on 14 Nov 2012, having been enacted on 19 Jun 2012. It is in force as at the date shown on this page.
Other sections of this Act
- 9. Aggravated sexual assault813 words
- 5. Aggravated penetrative sexual assault811 words
- 33. Procedure and powers of Special Court395 words
- 2. Definitions340 words
- 19. Reporting of offences338 words
- 45. Power to make rules323 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.