The Supreme Court of India has reaffirmed that under the POCSO Act, no sentence less than 20 years can be awarded for aggravated penetrative sexual assault. Learn about the Court’s key observations and legal implications in this case.

Supreme Court Upholds 20-Year Minimum Sentence Under POCSO Act

On May 26, 2025, the Supreme Court of India dismissed a Special Leave Petition (SLP) that sought to reduce a 20-year rigorous imprisonment sentence awarded to a 23-year-old convict under the Protection of Children from Sexual Offences Act, 2012 (POCSO). The case involved a charge of aggravated penetrative sexual assault against a six-year-old minor.

Minimum Punishment Under Section 6 of the POCSO Act

The petition was rejected by a two-judge bench comprising Justice B.V. Nagarathna and Justice Satish Chandra Sharma, who cited Section 6 of the POCSO Act. Following the 2019 amendment, the law mandates a minimum sentence of 20 years for aggravated sexual assault. The Court clarified that it has no authority to reduce this punishment, as the statute is clear and binding.

Arguments by the Defense and the Court’s Rebuttal

The defense argued for leniency based on “extraordinary circumstances,” noting the petitioner’s age (23) and potential life-long impact of the sentence. They also cited a delay of six days in filing the First Information Report (FIR) and questioned the medical awareness of the victim’s parents—both medical assistants—who reportedly did not notice injuries.

Justice Nagarathna firmly responded that both lower courts had already applied the minimum punishment allowed by law. She stressed that such claims of exceptional circumstances are routinely made, but in this case, they do not warrant judicial intervention. She also emphasized that the act occurred after the 2019 amendment that increased sentencing for aggravated sexual assault, making the minimum punishment non-negotiable.

Claim of Juvenility Denied

The convict also claimed to be a juvenile at the time of the offense. After reviewing documentation, the Court determined he was 18 or older, thereby dismissing the juvenility claim as invalid.

Final Verdict and Legal Implications

The Supreme Court reaffirmed that under the amended Section 6 of the POCSO Act, it cannot use its inherent jurisdiction to alter the mandatory minimum punishment. Consequently, the SLP against the Bombay High Court order dated January 8, 2024, was dismissed. This verdict strengthens legal safeguards for minors and reinforces the serious legal consequences of child sexual abuse.

Conclusion: A Clear Message on Child Protection and Judicial Boundaries

The Supreme Court’s judgment sends a powerful message: crimes under the POCSO Act will be met with the strictest penalties, as mandated by law. By upholding the 20-year minimum sentence for aggravated penetrative sexual assault, the Court underlines its role in protecting children and respecting the authority of legislative mandates. This case sets a critical precedent, affirming that judicial discretion cannot override clear statutory requirements in the face of such grave offenses.