Punishment for aggravated penetrative sexual assault
Section 6 of the Protection of Children from Sexual Offences Act, 2012 deals with punishment for aggravated penetrative sexual assault. Whoever commits aggravated penetrative sexual assault shall be punished with rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of natural life of that person and shall also be lia The Act came into force on 14 Nov 2012.
1[6. Punishment for aggravated penetrative sexual assault.-- (1) Whoever commits aggravated penetrative sexual assault shall be punished with rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of natural life of that person and shall also be liable to fine, or with death.
(2) The fine imposed under sub-section (1) shall be just and reasonable and paid to the victim to meet the medical expenses and rehabilitation of such victim.]
Section 6, 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 1
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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State of U.P. v. Sonu Kushwaha
Court's Decision & Legal Precedent
Judgement of Main Case order-6.pdf 2023-07-05 DATE-CHECK FP (2016-03-22/26 FIR/incident dates; body ends New Delhi; July 5, 2023; Crl.A. 1633/2023 Oka/Bindal REPORTABLE). Isolate: penis-in-mouth of a child below 12 is penetrative sexual assault under s.3(a) and aggravated under s.5(m), punishable under s.6; ‘shall not be less than’ leaves no discretion to impose below the statutory minimum. High Court erred in substituting s.4. Attach 5 and 6 only — do not pad 3/4 (Nawabuddin isolates s.3(b)).
On this section: POCSO s.6: ‘shall not be less than’ the prescribed minimum leaves no sentencing discretion; post-2019 enhancement does not apply to a pre-amendment incident (Sonu Kushwaha). Do not pad 4/8/10.
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State of Odisha vs Laba@kalia Manna
Court's Decision & Legal Precedent
In a case of murder based on circumstantial evidence, when the chain of circumstances is complete and unerringly points to the guilt of the accused, conviction can be sustained. However, allegations of sexual assault cannot be inferred from genital injuries alone without scientific corroboration such as semen or DNA evidence. Furthermore, in determining whether death sentence should be imposed, the court must apply the 'rarest of rare' doctrine by balancing aggravating and mitigating circumstances, with life imprisonment being the rule and death sentence being the exception. Death sentence should be imposed only when there is something uncommon about the crime rendering life imprisonment altogether inadequate, and when there is no alternative but to impose death sentence even after according maximum weightage to mitigating circumstances. In cases based entirely on circumstantial evidence, the irrevocability of death sentence must be a definite factor at the sentencing stage.
On this section: Aggravated penetrative sexual assault; court acquitted accused finding sexual assault not proven beyond reasonable doubt
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State of Assam vs Faruk Ahmed
Court's Decision & Legal Precedent
In prosecutions for child marriage and sexual assault of minors under the POCSO Act and Prohibition of Child Marriage Act, the prosecution bears the burden of establishing the victim's age at the time of marriage through reliable documentary evidence such as birth certificates and marriage documents. Oral evidence alone, without corroborating documentary proof, is insufficient to establish that a marriage was a child marriage or that sexual assault occurred on a minor. The absence of such documentary evidence, despite the prosecution's duty to produce it, results in acquittal as the charges cannot be proven beyond reasonable doubt.
On this section: Aggravated Penetrative Sexual Assault - The court examined whether the accused committed aggravated penetrative sexual assault on a minor. The court found that without establishing the victim's age at the time of marriage through documentary evidence, the prosecution could not prove this charge beyond reasonable doubt.
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Mokalla Dinesh vs State of Telangana
Court's Decision & Legal Precedent
In cases involving sexual offences against minors where the victim is in lawful guardianship and the investigation is incomplete, bail should be denied if there exists a prima facie case of offences under Section 366-A and 376(2)(n) IPC, particularly when the accused and victim are closely related, as this creates a risk of interference with the investigation. The duration of judicial custody alone is not a sufficient ground for bail when the investigation is still ongoing and other witnesses remain to be examined.
On this section: Punishment for aggravated sexual assault on children - applied as an additional charge against the accused
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State of Assam vs Faruk Ahmed
Court's Decision & Legal Precedent
The prosecution bears the burden of proving guilt beyond reasonable doubt in criminal cases. When the evidence presented by the prosecution fails to establish the charges with the requisite degree of certainty, the accused must be acquitted and discharged, regardless of the gravity of the allegations.
On this section: Charges related to sexual offences against children; the court assessed whether the evidence met the threshold for conviction under these provisions
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.
Questions about Section 6
What have the courts held on Section 6 of the Protection of Children from Sexual Offences Act?
State of U.P. v. Sonu Kushwaha (05 Jul 2023) is the leading judgment on this section among those set out below: POCSO s.6: ‘shall not be less than’ the prescribed minimum leaves no sentencing discretion; post-2019 enhancement does not apply to a pre-amendment incident (Sonu Kushwaha). Do not pad 4/8/10. Another 4 judgments on this section are set out below, 1 of them from the Supreme Court. They run from 2018 to 2026.
How do I find court cases under Section 6 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 6, section 6 Pocso Act, section 6 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. 5 reported judgments on this section are set out on this page, beginning with State of U.P. v. Sonu Kushwaha (05 Jul 2023).
What should I read with Section 6 of the Protection of Children from Sexual Offences Act, and has it changed?
1 other provision in this corpus refers back to it.
When did Section 6 of the Protection of Children from Sexual Offences Act come into force?
Section 6 of the Protection of Children from Sexual Offences Act, cited as Pocso Act 6, 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.