Provision Name of the offense POCSO Act Punishment
Sexual assault that is penetrative in
A minimum of 20 years of imprisonment that may be
nature on a child below 16 years of
Section 4 extended up to imprisonment for the remainder of
age
natural life + fine
Sexual assault that is penetrative in A minimum of 10 years of imprisonment that may be
Section 4 nature on a child between 16 and 18 extended up to imprisonment for the remainder of
years of age natural life + fine
Penetrative sexual assault that is A minimum of 20 years of rigorous imprisonment that
Section 6
aggravated in nature may be extended to a life sentence + fine
Section 8 Sexual assault 3-5 years of imprisonment + fine
Section 10 Aggravated sexual assault 5-7 years of imprisonment + fine
Section 12 Sexual harassment Upto 3 years of imprisonment + fine
Upon the first conviction, 5 years of imprisonment will
Section
Use of a child for pornography be given. However, upon further convictions, the jail
14(1)
time can go upto 7 years + fine.
Use of a child for pornography while
Section A minimum of 10 years of imprisonment that may
committing an offence under Section
14(2) extend upto imprisonment for life + fine
3
Use of a child for pornography while
Section
committing an offence under Section A rigorous imprisonment term for life + fine
14(3)
5
Use of a child for pornographic
Section
purposes while committing an A 6 to 8 years of imprisonment term + fine
14(4)
offence under Section 7
Use of a child for pornographic
Section
purposes while committing an An 8 to 10 years of imprisonment term + fine
14(5)
offence under Section 9.
The offence of storing pornographic A term of imprisonment that may extend upto 3 years +
Section 15 material involving a child for fine OR both
commercial purposes
1. Best Interest of the child: The most significant part of the process is the
development of the child in a holistic manner.
2. Right to Life and survival: Any kind of psychological, physical, emotional, and
mental harm should be kept away from the child in the best manner feasible.
3. Right to be protected from discrimination: The passage of justice should not be
marked by any discrimination on any grounds. It should be transparent.
4. Right to be treated with dignity and compassion: As per the provisions of the
POCSO Act, victims are to be treated with great care and sensitivity throughout the
process.
5. Right to be informed: The legal proceedings should be clearly explained to the child
victim or witness.
6. Right to special preventive measures: The likeliness of once abused children being
abused again is high and since prevention is better than cure, this act operated on the
preventive measures pretty seriously.
7. Right to effective assistance: The process of legal proceedings can be harrowing for
an individual in more than one way, which is why a lot of crimes go unreported
because the mental and financial cost is often too high. This is why the act provides
for legal, health, counsel, psychological and financial aspects.
8. Right to be heard and to express views and concerns: A child has the right to be
heard for the parts that affect him/her.
9. Right to be protected from hardship during the justice process: There is a very
real secondary victimization that occurs when a child is involved in the process of
legal cases. This is to be minimized.
10. Right to Privacy: Cases can get very public, which is why the POCSO Act 2012
made it necessary that the identity and privacy of a child are protected at all times of
the trial, pre and post-trial.
11. Right to compensation: Relief and rehabilitation of a child must be compensated for.
12. Right to safety: The protection of the child is vital, be it during the trial or after it.
