Sexual assault
Section 7 of the Protection of Children from Sexual Offences Act, 2012 deals with sexual assault. Whoever, with sexual intent touches the vagina, penis, anus or breast of the child or makes the child touch the vagina, penis, anus or breast of such person or any other person, or does any other act with sexual intent which involves physical contact without penetration is said to commit sexual assa The Act came into force on 14 Nov 2012.
Whoever, with sexual intent touches the vagina, penis, anus or breast of the child or makes the child touch the vagina, penis, anus or breast of such person or any other person, or does any other act with sexual intent which involves physical contact without penetration is said to commit sexual assault.
Section 7, 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.
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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Attorney General for India v. Satish
Court's Decision & Legal Precedent
Sexual assault under POCSO s.7 does not require skin-to-skin contact. Touching a child with sexual intent, including over clothing, is sexual assault. Bombay HC skin-to-skin test reversed.
On this section: Definition of sexual assault covers touching with sexual intent even through clothing.
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Salamat Ansari v. State of U.P.
Court's Decision & Legal Precedent
Two majors who choose to live together / marry, including after conversion, are protected by Article 21. FIR under IPC 363/366 and POCSO 7/8 quashed where the woman was a major (High School certificate) and living voluntarily with her partner. Courts look at them as two adults, not as Hindu and Muslim. Distinguishes contrary single-judge conversion-for-marriage cases (Noor Jahan / Priyanshi).
On this section: POCSO 7/8 not attracted once the alleged victim is shown to be a major on an enlisted age document.
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Angrez Chand vs Union Territory of Jammu and Kashmir Through Station House Officer Police Station Thathri District Doda
Court's Decision & Legal Precedent
At the stage of framing charges, a trial court must conduct a limited prima facie assessment of whether the material on record raises strong suspicion of the accused's involvement in the alleged offence, without going into the probative value of evidence or making findings on matters that require opportunity for proper investigation or identification. A finding that a witness has not identified the accused cannot be made at the charge framing stage without first providing the witness an opportunity to identify through proper procedure such as a Test Identification Parade. The presence of prima facie material in the FIR and statements of parties is sufficient to frame charges, even if medical evidence does not support certain specific offences.
On this section: Definition of sexual assault - Court noted that medical evidence must show contact with parts mentioned in this section to attract POCSO charges.
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Vaisakh vs State of Kerala
Court's Decision & Legal Precedent
In cases involving allegations of sexual offences against minors where the accused claims consensual relationship and lawful marriage after attainment of majority, and where the investigation is still ongoing, bail may be granted to the accused on the basis of: (1) the age and background of the accused; (2) the duration of detention already suffered; (3) the need for fair and thorough investigation into material circumstances such as photographs and temple records to ascertain the veracity of allegations of coercion; and (4) the imposition of strict conditions to protect the victim, prevent witness intimidation, and ensure cooperation with investigation.
On this section: Punishment for aggravated penetrative sexual assault on a child
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State vs Shrikant S/o Rambilas
Court's Decision & Legal Precedent
An application under Section 5 of the Limitation Act for condonation of delay cannot be granted without adequate and substantive reasons explaining the entire period of delay. Additionally, an appellate court cannot substitute its own reasons for an acquittal recorded by a trial court unless a glaring mistake is demonstrated with sufficient and plausible grounds, particularly when the trial court's conclusion is based on credible evidence and the accused is known to the victim's family.
On this section: Applied in conjunction with Section 354 IPC for conviction of indecent assault against a child; conviction upheld
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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… (Passed on 31/01/2022) This criminal appeal under Section 374 of Cr.P.C. has been filed from Jail against the judgment and sentence dated 11.08.2018 passed by Special Sessions Judge, Shivpuri in Special Sessions Trial No.92/2017, by which the appellant has been convicted under Sections 354, 363 of IPC and under Section 7/8 of Protection of Children from Sexual Offences Act, 2012 (in short "POCSO Act") and, accordingly, sentenced to undergo rigorous imprisonment of three years and a fine of Rs.2,000/- for offence under Section 7/8 of POCSO Act and rigorous imprisonment of four years and a fine of Rs.2,000/- for offence under Section …
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… State has filed this application for leave to appeal against the order dated 19.3.2016 passed by the trial court whereby respondent was acquitted of the charges framed against him in FIR No.46/2015 registered at Police Station Taleda, District Bundi for the offences u/s 457 & 354 Indian Penal Code, 1860 and Section 7/8 of Protection of Children from Sexual Offences Act, 2012. Prosecution story in brief is that in the night of 20.2.2015 at about 2.30 p.m. children of the complainant were sleeping at home. One person entered the room where the prosecutrix aged about 15 years was sleeping and started molesting her. The said …
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… Kikkan assaulted her by kick and threatened her with dire consequences. 3. Learned tiral Court framed charges punishable under Sections 323, 323/34, 294, 506-B and 354 of IPC read with Section 7/8 of Protection of Children from Sexual Offences Act, 2012 against the respondent who abjured his guilt, therefore, he was put to trial. Santu Kushwaha and Kikkan Chourasiya were charge sheeted before the Juvenile Court. 4. The prosecution has examined eight witnesses and exhibited nine documents to prove its …
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 7
What have the courts held on Section 7 of the Protection of Children from Sexual Offences Act?
Attorney General for India v. Satish (18 Nov 2021) is the leading judgment on this section among those set out below: Definition of sexual assault covers touching with sexual intent even through clothing. Another 4 judgments on this section are set out below, 1 of them from the Supreme Court. They run from 2019 to 2024.
How do I find court cases under Section 7 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 7, section 7 Pocso Act, section 7 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 Attorney General for India v. Satish (18 Nov 2021).
What should I read with Section 7 of the Protection of Children from Sexual Offences Act, and has it changed?
4 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 7 of the Protection of Children from Sexual Offences Act come into force?
Section 7 of the Protection of Children from Sexual Offences Act, cited as Pocso Act 7, 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.