LEGAL NOTE
POCSO Act, 2012 – Section 6
Aggravated Penetrative Sexual Assault & Legal Defence Perspective
By
Dr. Anthony Raju
Advocate, Supreme Court of India
Chairman, All India Council of Human Rights, Liberties & Social Justice
Leading Criminal Law Expert & Renowned POCSO Defence Advocate
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Overview of Section 6 – POCSO Act
Section 6 of the Protection of Children from Sexual Offences Act, 2012 deals with Aggravated Penetrative Sexual Assault, which is considered one of the gravest offences under Indian criminal law.
Punishment prescribed:
• Rigorous imprisonment for a minimum of 20 years, extendable to imprisonment for the remainder of natural life, and
• Fine, or
• Death penalty in rarest of rare cases (post-2019 amendment)
Because of the extreme severity of punishment, courts are duty-bound to apply strict judicial scrutiny before recording conviction.
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What Constitutes “Aggravation” under Section 6
The offence becomes “aggravated” when factors such as the following are alleged:
• The accused is in a position of trust or authority
• Gang assault
• Use of violence, threat, or coercion
• Assault causing grievous harm
• Repeated or prolonged assault
• Assault by persons like teachers, guardians, police officials, doctors, or relatives
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Defence Strategy in Section 6 POCSO Cases
(As emphasised by Dr. Anthony Raju, Advocate Supreme Court)
Section 6 cases demand constitutional balance—protecting the child without destroying the life of an innocent accused through false or exaggerated allegations.
1. Strict Proof of Age
• The prosecution must prove minority beyond reasonable doubt
• School records, birth certificates, and medical age tests are frequently contradictory
• Benefit of doubt must go to the accused
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2. Reliability of the Child’s Statement
• The statement under Section 164 CrPC must be:
o Voluntary
o Free from tutoring
o Consistent
• Courts have repeatedly held that inconsistencies, exaggerations, or improbabilities weaken the prosecution case
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3. Medical & Forensic Evidence
• Absence of injuries
• Negative or inconclusive FSL reports
• Delay in medical examination
These factors seriously dent the prosecution narrative, especially in aggravated cases.
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4. False Implication & Motive
• Property disputes, family enmity, failed relationships, or pressure tactics
• POCSO law cannot be used as a weapon for vengeance
• Courts have acknowledged misuse of POCSO provisions in appropriate cases
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5. Presumption under Section 29 – Not Absolute
• Though Section 29 raises a presumption against the accused, it is rebuttable
• The accused is only required to create reasonable doubt, not prove innocence beyond doubt
• Constitutional safeguards under Article 21 remain paramount
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6. Importance of Early Legal Intervention
• Immediate legal strategy at FIR stage
• Proper handling of statements
• Challenging illegal arrest or procedural lapses
• Seeking regular or anticipatory bail wherever legally permissible
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Judicial Caution
As consistently emphasized by Dr. Anthony Raju,
“POCSO cases require sensitivity towards the child, but equal vigilance to ensure that innocent lives are not ruined by unverified, motivated, or legally flawed accusations.”
Justice must be child-centric, yet constitutionally fair.
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Conclusion
Section 6 of the POCSO Act carries life-altering consequences.
Therefore:
• Mechanical convictions are impermissible
• Due process, evidence, and fairness are non-negotiable
• A strong, experienced legal defence is essential
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Disclaimer
This note is for legal awareness and educational purposes only and does not constitute legal advice. Each case depends on its own facts and evidence.
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LEGAL NOTE POCSO Act, 2012 – Section 6 Aggravated Penetrative Sexual Assault & Legal Defence Perspective
