Section 8

Section 8 is the punishment provision for Section 7 sexual assault. It provides a narrow band: minimum 3 years, maximum 5 years rigorous imprisonment, plus fine. The 3-year mandatory minimum reflects Parliament's determination that even non-penetrative sexual offences against children are serious enough to warrant custodial sentences — and the 5-year ceiling separates this from the far more serious penetrative offence (Section 4/6). **Mandatory minimum:** As with all POCSO punishment provisions, the 3-year minimum is absolute. Courts cannot award a lesser sentence, suspended sentence, or probation in lieu of imprisonment for Section 8 offences. **'Imprisonment of either description':** Unlike Sections 4 and 6 (which mandate 'rigorous imprisonment'), Section 8 uses 'imprisonment of either description' — meaning simple or rigorous. In practice, courts almost universally impose rigorous imprisonment for POCSO offences given the gravity of child sexual abuse, but the Act technically allows simple imprisonment as well. **Fine:** The fine in Section 8 is not specifically directed to the victim (unlike Sections 4 and 6). However, courts have used Section 357 CrPC/BNSS to direct compensation to victims under Section 8 convictions as well.