Section 9 of THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, 2012
Original Text
9. Aggravated sexual assault.—
(a) Whoever, being a police officer, commits sexual assault on a child—
- (i) within the limits of the police station or premises where he is appointed; or
- (ii) in the premises of any station house whether or not situated in the police station to which he is appointed; or
- (iii) in the course of his duties or otherwise; or
- (iv) where he is known as, or identified as a police officer; or
(b) whoever, being a member of the armed forces or security forces, commits sexual assault on a child—
- (i) within the limits of the area to which the person is deployed; or
- (ii) in any areas under the command of the security or armed forces; or
- (iii) in the course of his duties or otherwise; or
- (iv) where he is known or identified as a member of the security or armed forces; or
(c) whoever being a public servant commits sexual assault on a child; or
(d) whoever being on the management or on the staff of a jail, or remand home or protection home or observation home, or other place of custody or care and protection established by or under any law for the time being in force commits sexual assault on a child being inmate of such jail or remand home or protection home or observation home or other place of custody or care and protection; or
(e) whoever being on the management or staff of a hospital, whether Government or private, commits sexual assault on a child in that hospital; or
(f) whoever being on the management or staff of an educational institution or religious institution, commits sexual assault on a child in that institution; or
(g) whoever commits gang sexual assault on a child.
Explanation.—when a child is subjected to sexual assault by one or more persons of a group in furtherance of their common intention, each of such persons shall be deemed to have committed gang sexual assault within the meaning of this clause and each of such person shall be liable for that act in the same manner as if it were done by him alone; or
(h) whoever commits sexual assault on a child using deadly weapons, fire, heated substance or corrosive substance; or
(i) whoever commits sexual assault causing grievous hurt or causing bodily harm and injury or injury to the sexual organs of the child; or
(j) whoever commits sexual assault on a child, which—
- (i) physically incapacitates the child or causes the child to become mentally ill as defined under clause (l) of section 2 of the Mental Health Act, 1987 (14 of 1987) or causes impairment of any kind so as to render the child unable to perform regular tasks, temporarily or permanently; or
- (ii) inflicts the child with Human Immunodeficiency Virus or any other life threatening disease or infection which may either temporarily or permanently impair the child by rendering him physically incapacitated, or mentally ill to perform regular tasks; or
(k) whoever, taking advantage of a child’s mental or physical disability, commits sexual assault on the child; or
(l) whoever commits sexual assault on the child more than once or repeatedly; or
(m) whoever commits sexual assault on a child below twelve years; or
(n) whoever, being a relative of the child through blood or adoption or marriage or guardianship or in foster care, or having domestic relationship with a parent of the child, or who is living in the same or shared household with the child, commits sexual assault on such child; or
(o) whoever, being in the ownership or management or staff, of any institution providing services to the child, commits sexual assault on the child in such institution; or
(p) whoever, being in a position of trust or authority of a child, commits sexual assault on the child in an institution or home of the child or anywhere else; or
(q) whoever commits sexual assault on a child knowing the child is pregnant; or
(r) whoever commits sexual assault on a child and attempts to murder the child; or
(s) whoever commits sexual assault on a child in the course of communal or sectarian violence or during any natural calamity or in any similar situations; or
(t) whoever commits sexual assault on a child and who has been previously convicted of having committed any offence under this Act or any sexual offence punishable under any other law for the time being in force; or
(u) whoever commits sexual assault on a child and makes the child to strip or parade naked in public;
(v) whoever persuades, induces, entices or coerces a child to get administered or administers or direct anyone to administer, help in getting administered any drug or hormone or any chemical substance, to a child with the intent that such child attains early sexual maturity,
is said to commit aggravated sexual assault.
Visual Summary
👮 Abuse of Authority
The offence is aggravated if committed by Police, Armed Forces, Public Servants, Jail/Hospital Staff, or Teachers. These are positions of trust.
⚠️ Severity of Harm
Includes use of weapons, fire, corrosives, causing grievous hurt, transmitting HIV, or attempting to murder the child.
👶 Vulnerability
Aggravated if the child is under 12 years old, mentally/physically disabled, pregnant, or if the assault is repeated.
🏠 Relationship & Context
Includes relatives, shared households, gang assault, communal violence, or administering hormones for early maturity.
Summary
Section 9 defines “Aggravated Sexual Assault.” While Section 7 defines standard sexual assault (sexual touching without penetration), Section 9 lists specific circumstances that make this crime significantly more serious in the eyes of the law.
The law recognizes that sexual assault is more heinous when the perpetrator abuses a position of power (like a police officer or teacher), when the victim is extremely vulnerable (such as a child under 12 or a disabled child), or when the act causes severe physical harm. It also covers situations involving family members or people living in the same house, acknowledging the breach of trust involved.
Notably, a 2019 amendment added a clause regarding the administration of chemical substances or hormones to children to induce early sexual maturity, classifying this also as aggravated sexual assault.
Key Takeaways
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Non-Penetrative Nature: Section 9 applies to acts of sexual assault (touching/physical contact) defined in Section 7, not penetrative assault (which is covered under Section 5). -
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Custodial Responsibility: Strict liability is placed on individuals in charge of institutions (police, jails, hospitals, schools, religious places). -
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Age Factor: If the victim is below 12 years of age, simple sexual assault automatically becomes aggravated sexual assault. -
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Chemical Maturity: Using drugs/hormones to force a child into early sexual maturity is a specific aggravated offence. -
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Public Humiliation: Stripping a child or parading them naked is classified under this section.
Process Flowchart
Practice Questions
Q1. If a doctor commits sexual assault on a child patient within the hospital premises, under which section is he liable?
Show Answer
Section 9(e). It is Aggravated Sexual Assault because the perpetrator is on the management/staff of a hospital and the act occurred in the hospital.
Q2. Does Section 9 cover cases where the sexual assault involves penetration?
Show Answer
No. Penetrative assault is covered under Section 3 (Simple) and Section 5 (Aggravated). Section 9 covers “Sexual Assault” (Section 7) which involves sexual intent and physical contact without penetration.
Q3. According to the 2019 amendment, administering hormones to a child for early sexual maturity falls under which section?
Show Answer
Section 9(v). This specific act is classified as Aggravated Sexual Assault.
Related Provisions
Conclusion
Section 9 serves as a crucial deterrent against those who might exploit positions of power, trust, or authority to sexually abuse children. By categorizing these acts as “aggravated,” the POCSO Act ensures that non-penetrative sexual offences committed under these specific circumstances attract significantly harsher penalties, reflecting the increased gravity of the breach of trust and the vulnerability of the victim.