Punishment for sexual assault
Section 8 of the Protection of Children from Sexual Offences Act, 2012 deals with punishment for sexual assault. Whoever, commits sexual assault, shall be punished with imprisonment of either description for a term which shall not be less than three years but which may extend to five years, and shall also be liable to fine. The Act came into force on 14 Nov 2012.
Whoever, commits sexual assault, shall be punished with imprisonment of either description for a term which shall not be less than three years but which may extend to five years, and shall also be liable to fine.
Section 8, 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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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: Punishment under s.8 follows once s.7 is attracted; skin-to-skin is not an ingredient.
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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: Punishment for sexual assault on child - Court sustained discharge as medical evidence did not show contact with child's private parts as defined in Section 7 of POCSO Act.
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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 sexual assault on a child
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Mohammed Yakub Abdul Rasheed vs The State of Maharashtra
Court's Decision & Legal Precedent
In cases involving serious allegations of sexual offenses against minor children under the POCSO Act, where at least one victim has made prima facie credible allegations of sexual assault or harassment, and the accused holds a position of trust and authority over the victims, anticipatory bail should be rejected despite exonerating statements from other victims, as the heinous nature of the allegations and the prima facie evidence against the accused outweigh the bail applicant's right to pre-arrest protection.
On this section: Sexual assault - alleged offense, prima facie established by victim statements
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.
Made under this section, and citing it
1 instrument states that it was made under this provision — the power to make it comes from here, so a change to any of them changes what this section requires in practice. Newest first.
Questions about Section 8
What have the courts held on Section 8 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: Punishment under s.8 follows once s.7 is attracted; skin-to-skin is not an ingredient. Another 3 judgments on this section are set out below, 1 of them from the Supreme Court. They run from 2017 to 2024.
How do I find court cases under Section 8 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 8, section 8 Pocso Act, section 8 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. 4 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 8 of the Protection of Children from Sexual Offences Act, and has it changed?
1 other provision in this corpus refers back to it. The rules and notifications made under it are where it actually bites, and there is one: most recently Notification No. 7969 Special Court (STs and SCs) for POCSO (2014).
When did Section 8 of the Protection of Children from Sexual Offences Act come into force?
Section 8 of the Protection of Children from Sexual Offences Act, cited as Pocso Act 8, 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.