Document Fragment View

Matching Fragments

Section 7 of POCSO Act "Sexual assault: Whoever, with sexual intent touches the vagina, penis, anus or breast of the child or makes the child touch the vagina, penis, anus or breast of such person or any other person, or does any other act with sexual intent which involves physical contact without penetration is said to commit sexual assault.‖

34. The acts involving "physical contact" by touching "with sexual intent", the vagina or breast of a child are covered within the mischief of the offence of "sexual assault" defined in Section 7 of the POCSO Act. These very acts, under the general criminal law, have all along been treated as assault or use of criminal force (as the case may be) against a woman (which expression denotes, per Section 10 Cr.P.C., "a female human being of any age") from which the intention to outrage, or knowledge of likelihood of thereby outraging, her modesty may be drawn so as to attract the penal provision under Section 354 IPC.

36. The provisions contained in Section 375 IPC (as amended w.e.f. 03.02.2013) and Section 3 of POCSO Act run as under:

Section 375 IPC ―Rape- A man is said to commit "rape" if he---
(a) penetrates his penis, to any extent, into the vagina, mouth, urethra or anus of a woman or makes her to do so with him or any other person; or
(b) inserts, to any extent, any object or a part of the body, not being the penis, into the vagina, the urethra or anus of a woman or makes her to do so with him or any other person; or
(c) manipulates any part of the body of a woman so as to cause penetration into the vagina, urethra, anus or any part of body of such woman or makes her to do so with him or any other person; or
(d) applies his mouth to the vagina, anus, urethra of a woman or makes her to do so with him or any other person, under the circumstances falling under any of the following seven descriptions:--
First.--Against her will.
Crl. A. No.538/2016 Page 20 of 72

(b). he inserts, to any extent, any object or a part of the body, not being the penis, into the vagina, the urethra or anus of the child or makes the child to do so with him or any other person; or

(c). he manipulates any part of the body of the child so as to cause penetration into the vagina, urethra, anus or any part of body of the child or makes the child to do so with him or any other person; or

(d). he applies his mouth to the penis, vagina, anus, urethra of the child or makes the child to do so to such person or any other person.‖