Section 10 of POCSO Act, 2012

Source: Delhi High Court 

Why in News? 

Justice Neena Bansal Krishna of the Delhi High Court in the case of Dharmendra Kumar v. State (2025) upheld the conviction and seven years sentence of a man for committing aggravated sexual assault upon a minor girl aged 3 years and 11 months under Section 10 of the POCSO Act, 2012.  

What was the Background of Dharmendra Kumar v. State (2025) Case? 

• The convict was a tenant in the house of the victim's family. 
• The victim's mother gave a statement that the convict had flashed his private part and made the minor touch it. 
• The victim was a minor girl aged 3 years and 11 months at the time of the incident. 
• The convict was convicted by the trial court for offences under Section 10 of the POCSO Act, 2012 and Sections 354, 354A and 354B of the Indian Penal Code, 1860. 
• Section 354 IPC deals with outraging modesty of a woman. 
• Section 354A IPC deals with sexual harassment. 
• Section 354B IPC deals with assaulting or using criminal force on a woman with intent to disrobe. 
• The convict was sentenced to seven years imprisonment for the offence under Section 10 of the POCSO Act. 
• The convict challenged his conviction and sentence before the Delhi High Court. 

What were the Court's Observations? 

• The Court sustained the conviction and sentence under Section 10 of the POCSO Act, 2012. 
• Justice Krishna observed that the testimony of the victim reflected that before recording her statement, questions were addressed to her to ensure that she was comfortable and was competent to give a statement. 
• The Court rejected the contention that the competency of the child was not assessed before recording of her statement. 
• The Court held that the delay in registration of FIR was sufficiently explained and cannot be held to be fatal to the prosecution case. 
• The Court emphasized that making a small child touch the private part with sexual intent amounts to aggravated sexual assault. 
• The Court held that the offence under Section 10 POCSO Act was duly established. 
• However, the Court set aside the conviction for the offences under Section 354 (outraging modesty), 354A (sexual harassment) and 354B (assaulting or using criminal force on a woman) of Indian Penal Code, 1860. 

What is the POCSO Act, 2012? 

About: 

• This Act was passed in 2012 under the Ministry of Women and Child Development. 
• It is a comprehensive piece of legislation designed to protect children from crimes including sexual assault, sexual harassment, and pornography.  
• It is gender neutral act and considers welfare of the child as a matter of paramount importance.  
• It provides for the establishment of Special Courts for trial of such offences and related matters and incidents. 
• Death penalty as a punishment for offences of penetrative sexual assault and aggravated penetrative sexual assault was introduced in this act by the POCSO amendment bill, 2019.  
• Section 4 of this Act prescribes punishment for penetrative sexual assault.  
• Under Section 2(1) (d) of the POCSO Act, a child is defined as any person below the age of 18 years. 

Section 10 of the POCSO Act: 

• Section 10 - Punishment for Aggravated Sexual Assault - Five to seven years imprisonment plus fine for aggravated sexual assault offences.