Legal update
Published
10 Oct 2026
Source date
9 Oct 2026
Penetration to Any Extent Constitutes Offence Under Section 3 POCSO Act Even Without Injury: Himachal Pradesh HC
Why it matters
The Himachal Pradesh High Court held that penetration to any extent constitutes penetrative sexual assault under Section 3 of the POCSO Act, even in the absence of physical injury. The Court accordingly affirmed the trial court's finding holding the appellant guilty of aggravated penetrative sexual assault punishable under Section 6 of the Act.
Key points
- Penetration to any extent amounts to penetrative sexual assault under Section 3 of the POCSO Act, even without physical injury.
- The High Court affirmed the Trial Court's conclusion finding the appellant guilty of aggravated penetrative sexual assault.
- The offence is punishable under Section 6 of the POCSO Act, which mandates a minimum sentence of 20 years' imprisonment.
What changed
Clarified that proof of injury is not required to establish penetrative sexual assault under Section 3 of the POCSO Act if penetration to any extent is established, and upheld conviction under Section 6.
Who it affects
Trial courts, prosecutors, defence counsel, and parties in POCSO Act proceedings.
Jurisdiction
Himachal Pradesh
Sources and original links
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