POCSO Act 2012 Section 4: Punishment for Penetrative Sexual Assault (2026)
What Section 4 of the POCSO Act, 2012 does: it sets the punishment for penetrative sexual assault on a child, with a higher minimum when the child is below 16. Last verified October 2026.
Explainer · Criminal Law · POCSO
Section 4 of the POCSO Act, 2012 sets the punishment for penetrative sexual assault on a child, which the law defines in Section 3. The punishment is rigorous imprisonment of not less than ten years, which may extend to imprisonment for life, and a fine. Where the child is below sixteen years, the minimum rises to twenty years and can extend to imprisonment for the rest of the convict's natural life, with a fine. This page explains what Section 4 says, how it works with Section 3, the key case law, and the procedure. Last verified October 2026.
- What it is: Section 4 sets the punishment for penetrative sexual assault on a child, defined in Section 3.
- General punishment: rigorous imprisonment of not less than 10 years, up to life, and fine.
- Child below 16: not less than 20 years, up to life for the remainder of natural life, and fine.
- Nature: cognizable and non-bailable, tried by a POCSO Special Court; consent of the child is no defence.
01The short answer
Section 4 is the punishment section for penetrative sexual assault against a child, which is any person below 18 years. The offence itself is defined in Section 3. Section 4 provides:
- rigorous imprisonment of not less than ten years, which may extend to imprisonment for life, and a fine; and
- where the child is below sixteen years, rigorous imprisonment of not less than twenty years, which may extend to imprisonment for life, meaning the rest of the convict's natural life, and a fine.
The fine must be just and reasonable and is meant to meet the medical expenses and rehabilitation of the child.
02What Section 3 defines
Section 4 does not describe the act. It only fixes the sentence. The act is defined in Section 3, which sets out penetrative sexual assault. In plain terms, this covers penetration of the child's body, or making the child do so, in the ways the section lists. If the facts fall within Section 3, the court sentences under Section 4.
One point that is often missed
POCSO is gender neutral. The child can be a boy or a girl, and the age that matters is being below 18. Consent of the child is not a defence under the Act.
03What Section 4 punishes
The punishment under Section 4 is tiered by the age of the child.
| Age of the child | Minimum imprisonment | Maximum | Fine |
|---|---|---|---|
| 16 and above, but below 18 | Ten years, rigorous | Imprisonment for life | Yes, just and reasonable |
| Below 16 | Twenty years, rigorous | Life, remainder of natural life | Yes, just and reasonable |
The imprisonment is rigorous, not simple. The fine is separate from the jail term, and the court is directed to make it meet the child's medical costs and rehabilitation.
04How the 2019 amendment changed it
The POCSO (Amendment) Act, 2019 made the punishment stricter. Before the amendment, the minimum for penetrative sexual assault was seven years. The amendment raised the general minimum to ten years and added the separate, higher band of twenty years to life where the child is below sixteen.
This is why the date of the offence matters. An offence before the 2019 amendment is read against the older, lower minimum. An offence after it is read against the current text. For the closely linked aggravated offence, see Section 6 of the POCSO Act.
05How a Section 4 case runs
A Section 4 offence is cognizable and non-bailable, and it is tried by a designated Special Court, not an ordinary magistrate. The trial runs on a child-friendly track with its own safeguards.
Two linked rules shape the trial. Under Section 29, once the prosecution proves the foundational facts, the Special Court presumes the accused committed the offence unless the contrary is shown. Under Section 33, the court follows a protective procedure so the child is not harassed in the witness box. For the wider walk-through, see how a POCSO case is tried, and for release pending trial see bail under the POCSO Act.
06Key case law
Courts have stressed that the high minimum sentence under Section 4 cannot be brought below the statutory floor, except where a specific provision allows it. In the well known Attorney General for India v. Satish (2021) line of decisions, the Supreme Court read the offence provisions widely to protect children, holding that skin to skin contact is not required for the offence.
High Courts have also set aside sentences that fell below the minimum, directing that the floor fixed by Section 4 must be applied.
07Where Claw fits
Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.
Sentencing under Section 4 turns on how courts have treated the age band, the fine for rehabilitation, and the statutory minimum in similar facts. Claw lets you search more than 30 crore judgments on Section 4 of the POCSO Act, by party or advocate, with results in under 5 seconds, and reported authority runs from Supreme Court rulings of 1950 and High Court rulings of 1990 to the latest orders. You can also follow a live matter, with its orders and hearings, across 9,102 courts, benches and forums. Claw does not use the documents you upload to train its AI models.
Create a free Claw account to see how Section 4 has been applied and to track a pending POCSO matter. To research the wider body of law, see case search across Indian courts.
08Sources and further reading
- India Code (official text of the POCSO Act, 2012 and the 2019 amendment): indiacode.nic.in
- Ministry of Women and Child Development: wcd.nic.in
- National Commission for Protection of Child Rights: ncpcr.gov.in
- Claw: clawlaw.in
This explainer is general information, not legal advice. The law changes through amendments and judgments, so check the current text and take advice from counsel before you act.
09Frequently asked questions
What is the punishment under Section 4 of the POCSO Act?
Section 4 prescribes rigorous imprisonment of not less than ten years, which may extend to imprisonment for life, and a fine, for penetrative sexual assault on a child. Where the child is below sixteen, the minimum is twenty years and can extend to imprisonment for the remainder of the convict's natural life.
What is the difference between Section 3 and Section 4?
Section 3 defines the offence of penetrative sexual assault. Section 4 fixes the punishment for that offence. You read them together: the facts are judged under Section 3 and the sentence is passed under Section 4.
Is a Section 4 offence bailable?
No. Offences of penetrative sexual assault under POCSO are cognizable and non-bailable, and they are tried by a designated Special Court, not an ordinary magistrate.
Did the 2019 amendment change Section 4?
Yes. The POCSO (Amendment) Act, 2019 raised the general minimum from seven years to ten years and added a higher band of twenty years to life where the child is below sixteen. The date of the offence decides which text applies.
Is consent of the child a defence to Section 4?
No. The law treats every person below 18 as a child, and consent is not a defence to penetrative sexual assault under POCSO.
Can I find judgments on Section 4 in Claw?
Yes. Claw lets you search more than 30 crore judgments on Section 4 of the POCSO Act, by party or advocate, with results in under 5 seconds, and track orders and hearings across 9,102 courts, benches and forums. It researches and tracks the matter but does not give legal advice.