Rajasthan APO 2024 Prelims Paper

Under the Protection of Children from Sexual Offences Act, 2012 whoever commits sexual assault on a child and attempts to murder the child shall be punished with imprisonment of either description for a term which shall not be less than -

Verified Answer
A. Three years
B. Five years
C. Seven years
D. Ten years

Explanation:

This question involves a complex scenario combining 'sexual assault' under the Protection of Children from Sexual Offences (POCSO) Act, 2012, with 'attempt to murder'. To determine the minimum punishment, we must look at how the POCSO Act addresses such aggravated circumstances, especially after its 2019 amendment. Let's break down the offense: 1. **Sexual Assault on a Child:** This is defined under Section 7 of the POCSO Act. The punishment for simple sexual assault, as per Section 8, is imprisonment for a term not less than three years but which may extend to five years, and also with fine. 2. **Attempts to Murder the Child:** This act falls under Section 307 of the Indian Penal Code (IPC), which deals with 'Attempt to murder'. The punishment for attempt to murder is imprisonment of either description for a term which may extend to ten years, and fine. If hurt is caused, it can extend to life imprisonment. However, the question asks for the punishment *under the POCSO Act* for this combined offense. The POCSO Act itself contains provisions for 'aggravated sexual assault' which cover situations where additional harm or vulnerability is involved. * **Section 9 of the POCSO Act** defines various forms of 'aggravated sexual assault'. Specifically, Section 9(m) includes: "commits sexual assault on a child and causes grievous hurt or **endangers the life of the child** or abets the commission of such offence." An 'attempt to murder' unequivocally 'endangers the life of the child'. Therefore, committing sexual assault on a child and attempting to murder the child falls squarely within the definition of 'aggravated sexual assault' under Section 9(m) of the POCSO Act. * **Section 10 of the POCSO Act** prescribes the punishment for 'aggravated sexual assault'. Prior to the 2019 amendment, the minimum punishment was five years. However, the **Protection of Children from Sexual Offences (Amendment) Act, 2019**, significantly increased the penalties for aggravated offenses. As per the amended Section 10, "Whoever commits aggravated sexual assault shall be punished with imprisonment of either description for a term which shall not be less than **seven years** but which may extend to imprisonment for life, and shall also be liable to fine." Now, let's evaluate the given options: * **Option (1) Three years:** This is the minimum punishment for simple sexual assault (Section 8), not for aggravated sexual assault involving an attempt to murder. So, this is incorrect. * **Option (2) Five years:** This was the minimum punishment for aggravated sexual assault under Section 10 *before* the 2019 amendment. It is also the maximum for simple sexual assault. After the amendment, the minimum for aggravated sexual assault increased. So, this is incorrect. * **Option (3) Seven years:** This is the correct answer. As per the amended Section 10 of the POCSO Act, the minimum punishment for aggravated sexual assault (which includes sexual assault combined with endangering the child's life through an attempt to murder) is seven years. * **Option (4) Ten years:** While ten years is a possible maximum punishment for attempt to murder under IPC Section 307, the question specifically asks for the minimum punishment under the POCSO Act for this combined offense, which is seven years for aggravated sexual assault. Therefore, considering the 2019 amendment to the POCSO Act, the minimum punishment for committing sexual assault on a child and attempting to murder the child (which constitutes aggravated sexual assault) is seven years.