Oral sex with minor under POCSO is not ‘serious sexual assault’:

Oral sex with minor under POCSO is not ‘serious sexual assault’:

Compounding the jail term of a man convicted of sexually assaulting a 10-year-old boy, the Allahabad High Court has observed that ‘oral sex’ with a minor does not fall under the category of ‘serious sexual assault’ in child protection. Sexual Offenses (POCSO) Act.

In the judgment, the court said that the offense falls under the category of ‘penetrative sexual assault’ which is punishable under section 4 of the POCSO Act.


In 2016, an FIR was registered against a man in Jhansi district alleging he had “verbal sex” with the complainant’s 10-year-old son in exchange for Rs 20. The boy was also threatened with dire consequences. He told someone about the incident.

Based on the FIR lodged four days after the incident, a case was registered under sections 377 (physical intercourse against order of nature) and 506 (criminal intimidation) of the Indian Penal Code and section 3/4 of the POCSO Act.

The convict appealed against the 10-year sentence awarded by the Additional Sessions Judge/Special Judge, POCSO Act, Jhansi. The Allahabad High Court partially allowed the appeal and sentenced the convict to seven years in prison instead of 10 years.

“From a perusal of the provisions of the POCSO Act, it is clear that the offense committed by the appellant is neither covered under Section 5/6 of the POCSO Act nor Section 9(m) of the POCSO Act as presently the term ‘custodial sexual assault’ case,” observed Justice Anil Kumar Ojha.

The offense does not fall under the category of ‘serious sexual assault’ or sexual assault. He said that it falls under the category of ‘penetrative sexual assault’ which is punishable under section 4 of the POCSO Act.

“After perusing the records and provisions of the POCSO Act, I am of the view that the appellant should be punished under section 4 of the POCSO Act as the act done by the appellant amounts to penetrative sexual assault,” the judge said.

(Only the title and image of this report may have been reworked by Business Standard staff; the rest of the content is generated automatically from a syndicated feed.)

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