Section 7 of The Protection of Children from Sexual Offences Act, 2012
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.
Summary
- Section 7 of the Protection of Children from Sexual Offences Act, 2012 defines the offence of sexual assault.
- It covers situations where a person touches the child's vagina, penis, anus, or breast with sexual intent.
- It includes making a child touch the vagina, penis, anus, or breast of the offender or any other person.
- It applies to any other act with sexual intent that involves physical contact without penetration.
Practical examples
FAQ
1. What is the definition of sexual assault under Section 7 of the Protection of Children from Sexual Offences Act, 2012?
Under Section 7 of the Protection of Children from Sexual Offences Act, 2012, sexual assault is defined as touching a child's vagina, penis, anus, or breast with sexual intent, making the child touch those areas of any person, or any other physical contact with sexual intent that does not involve penetration.
2. Does sexual assault under Section 7 of the POCSO Act require penetration?
No, Section 7 of the POCSO Act specifically defines sexual assault as physical contact without penetration, provided there is sexual intent.
3. Is touching a child's breast considered sexual assault under Section 7 of the child protection law?
Yes, under Section 7 of the child protection law, touching a child's breast with sexual intent is explicitly categorized as sexual assault.
4. Does Section 7 of the 2012 Act cover cases where the child is forced to touch the offender?
Yes, Section 7 of the 2012 Act covers situations where a person makes the child touch the vagina, penis, anus, or breast of the offender or any other person.
Test yourself
Q1.Under Section 7 of the Protection of Children from Sexual Offences Act, 2012, which element must be present for physical contact without penetration to qualify as sexual assault?
Q2.Which body parts are explicitly listed in Section 7 of the POCSO Act in relation to prohibited touching?
Q3.If a person makes a child touch that person's vagina with sexual intent, what offence has been committed under Section 7 of the child protection law?
Q4.How does Section 7 of the 2012 Act distinguish sexual assault from penetrative sexual assault?