Protection of Children from Sexual Offences Act, 2012 · Chapter II: Sexual Offences against Children A.—Penetrative Sexual Assault and Punishment Therefor
Section 4: Punishment for penetrative sexual assault
[(1)] Whoever commits penetrative sexual assault shall be punished with imprisonment of either description 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.
[(2) Whoever commits penetrative sexual assault on a child below sixteen years of age shall be punished with 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.
(3) 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.]
Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 14 October 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the section 4
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Akhtar Ali @ Ali Akhtar @ Shamim @ Raja Ustad v. State of Uttarakhand
Whether the conviction of the appellants, as recorded by the trial Court and affirmed by the High Court, deserves to be upheld or whether they are entitled to acquittal.
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Sushil Kumar Tiwari v. Hare Ram Sah & Ors.
Allegation against the respondent nos.1 and 2 that they raped a minor girl. It is admitted that they never committed the acts together and always acted separately. In light of the controversy involved in the instant…
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Jamnalal v. State of Rajasthan and Another
In the instant appeal, the father of the prosecutrix challenges the order of the High Court. By the said order, the sentence imposed on respondent no.2 herein was suspended till the final disposal of the appeal. Whether…
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Deepak Kumar Sahu v. State of Chhattisgarh
The appellant came to be convicted and sentenced for the offences punishable u/ss.450 and 376(2) of the IPC and s.4 of the Protection of Children from Sexual Offences Act, 2012 [POCSO Act]. Whether the High Court was…
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Sachin v. State of Maharashtra
Issue arose whether, the High Court could enhance the sentence under its revisional powers in a convict’s appeal against conviction.
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Gyanendra Singh @ Raja Singh v. State of U.P.
Whether the conviction of the appellant ought to have been recorded under the IPC or whether the provisions of the Special law, i.e., Section 42A of Protection of Children from Sexual Offences Act, 2012, would prevail…
- Sahjan Ali Through Parokar Banu Khatun v. State Through Sho Ps Madhu Vihar
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Sambhubhai Raisangbhai Padhiyar v. State of Gujarat
Issue arose as regards the correctness of the order of conviction and death sentence to the appellant for offences punishable u/ss.302, 364 and 377 IPC and ss. 4 and 6 of the POCSO, for committing murder and brutal…
- Sarabjeet Singh v. State & Anr
- Karnail Singh Cheema v. State & Anr
- Jagvir v. The State ( NCT of Delhi) & Anr
- The State (Gnct of Delhi) v. Satish Kumar & Anr
- Sahne Alam @ Sahil Caudhary v. State of NCT of Delhi & Anr
- State v. Rajiv @ Raju
- The State of NCT of Delhi v. Shyam Kishore Alias Putan
- State v. Hari Narayan Singh
- Minor N Thr Mother P v. State of NCT of Delhi and Anr
- Abhishek Khan @ Monu v. The State Govt of Nct, Delhi & Anr
- Kaushalendra Pratap Singh v. State NCT of Delhi & Anr
- Bharat Jaina v. State NCT of Delhi
- Raghubir v. State NCT of Delhi & Anr
- State v. Ashish Kumar
- Court on Its Own Motion v. State of NCT of Delhi
- Md Ehsaan and Anr v. The State Govt of NCT of Delhi and Anr
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Sunita Devi v. The State of Bihar & Anr.
Need for a comprehensive sentencing policy. Trial against the accused under Protection of Children from Sexual Offences Act, 2012 was conducted by the judicial officer in utmost haste and the accused was denied due…
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Child in Conflict With Law Through His Mother v. The State of Karnataka and Another
(i) Whether the period provided for completion of preliminary assessment u/s. 14(3) of the Juvenile Justice (Care and Protection of Children) Act, 2015 is mandatory or directory; (ii) Whether the words ‘Children’s…
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A (Mother of X) v. State of Maharashtra & Anr.
Matter pertains to the opinion of the medical board constituted under the MTP Act to reflect the effect of the pregnancy on the pregnant person’s physical and mental health; that the MTP Act and the reproductive right…
- Lucky v. The State Govt. of NCT of Delhi
- Margub Beg v. State(Govt of NCT Delhi)
- Pardeep Pandit v. The State NCT of Delhi & Anr
- State v. Rohit
- Rishab Dwar v. State (Govt. of NCT of Delhi)
- State v. Jai Singh
- Devi @ Jarina v. State and Ors
- Jeena v. State (Govt. of NCT of Delhi)
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Rajasekar v. State Rep. by the Inspector of Police
The appellant who was convicted for offence u/ss. 3(a) r/w s. 4 of the POCSO Act, and was awarded the sentence of ten years RI alongwith a fine, the quantum of sentence awarded, if justified.
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Bhaggi @ Bhagirath @ Naran v. The State of Madhya Pradesh
The capital punishment awarded to the petitioner-convict for the conviction u/s. 376 AB, IPC was not confirmed and it was commuted to imprisonment for life, which, going by the provisions thereunder, means imprisonment…
- State v. Sunil Kumar
- Ravi @ Ravinder v. The State(Govt of NCT of Delhi) & Anr
- Jitendra Kumar @ Jeetu v. The State (Nct of Delhi)
- Pramod Kumar v. The State( NCT of Delhi) & Anr. & Ors
- State v. Mohd Alam @ Sonu
- Vishnu Das Through Peherokar v. Government of NCT of Delhi & Anr
- Vicky v. State of N.C.T. of Delhi
- State of NCT of Delhi v. Sumer
- Amit Kumar v. State NCT of Delhi
- Amar Kumar and Anr v. The State (Govt. of NCT of Delhi) and Anr
- State of NCT of Delhi v. Dabloo Kumar @ Pandit
- State v. Dila Ram
- Jagbir in J/C v. State of NCT of Delhi & Ors
- State of NCT of Delhi v. Saddam
- Kalu @ Niyaz v. The State Gnct of Delhi
- Vinod Kumar Pandey v. State Through Sho Ps Sagar Pur and Ors
- State v. Basir Ahmad
- State (Gnct of Delhi) v. Rohit Kumar
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Munna Pandey v. State of Bihar
Whether the High Court erred in confirming the conviction and death sentence passed by trial court against appellant-accused for offences punishable u/ss.302, 376, IPC and s.4, POCSO Act, 2012, despite serious lapses in…
- State of NCT Delhi v. Laxmi Narayan @ Lalla & Ors
- Ranjeet Kumar Yadav v. State of NCT of Delhi
- Arjun Kamti v. The State of Gnct of Delhi Through Sho & Ors
- State NCT of Delhi v. Pawan Ram
- Sunil Kumar Alias Golu v. State Through Sho
- State v. Sandeep @ Sonu & Ors
- Shubham Pal v. State of NCT of Delhi & Ors
- State of U.P. v. Sonu Kushwaha
- The State Govt of NCT of Delhi v. Afaq Hussain Ansari & Ors
- Minor R Thr Mother H v. State of NCT of Delhi & Anr
- The State of Maharashtra & Anr. v. Dr. Maroti S/O Kashinath Pimpalkar
- Xyz v. Abhisheik & Anr
- Pappu v. The State of Uttar Pradesh
- Nawabuddin v. State of Uttarakhand
- Manoj Mishra @ Chhotkau v. The State of Uttar Pradesh
- State of U.P. v. Gayatri Prasad Prajapati
- Anokhilal v. State of Madhya Pradesh
- Kumar Ghimirey v. The State of Sikkim
- Dattatraya @ Datta Ambo Rokade v. The State of Maharashtra
- Nipun Saxena & Anr. v. Union of India & Ors.
- Labhuji Amratji Thakor & Ors. v. The State of Gujarat & Anr.
- Madan Mohan v. State of Rajasthan & Ors.
- Independent Thought v. Union of India & Anr.
- State of Bihar v. Rajballav Prasad@ Rajballav Pp. Yadav@ Rajballabh Yadav
- Shamsher Singh Verma v. State of Haryana