Supreme Court Upholds Mandatory 20-Year Sentence for Aggravated Sexual Assault Under POCSO Act

On May 26, 2025, the Supreme Court dismissed a Special Leave Petition filed by a 23-year-old convict seeking a reduction of his 20-year rigorous imprisonment sentence for the aggravated sexual assault of a 6-year-old girl under the Protection of Children from Sexual Offences (POCSO) Act. 

A bench comprising Justices B.V. Nagarathna and Satish Chandra Sharma emphasized that the minimum statutory punishment for aggravated penetrative sexual assault under Section 6 of the POCSO Act, as amended in 2019, is 20 years.  The Court stated that it lacks the authority to reduce this sentence, even under claims of “extraordinary circumstances.” 

The petitioner’s counsel argued for leniency, citing the convict’s young age and alleged procedural delays, including a six-day delay in filing the First Information Report (FIR).  However, the Court found no merit in these arguments, noting that the convict was over 18 at the time of the offense and that medical evidence corroborated the victim’s account. 

Justice Nagarathna remarked, “It is a heinous offence—sexual assault on a 6-year-old minor. It is a Parliamentary section which mandates 20 years; how can the Court reduce?” 

This decision underscores the judiciary’s commitment to upholding stringent punishments for crimes against children and reinforces the mandatory nature of minimum sentences prescribed under the POCSO Act.