Section 3 POCSO Act Archives

Placement of penis on vagina is penetrative sexual assault

Placement of penis on vagina constitutes penetrative sexual assault; Kerala HC distinguishes between “touching” and “placing” under POCSO Act

Answering whether placement of penis on vagina constitutes penetrative sexual assault, the Kerala High Court held that where a 3-year-old victim stated that the accused removed her undergarment, placed his penis on her vagina, and she immediately experienced pain and cried, the act could not be reduced to a mere touch under Section 7, POCSO Act.

Penetrative sexual assault under POCSO Act

Case Briefs High Courts

Penetration “to any extent” amounts to penetrative sexual assault under Section 3, POCSO Act even in absence of injury: Himachal Pradesh HC

Himachal Pradesh High Court held that the Trial Court had rightly concluded that the appellant was guilty of aggravated penetrative sexual assault under the POCSO Act. The offence is punishable under Section 6 of the Act, which prescribes a minimum sentence of 20 years’ imprisonment.