Introduction –
The Protection of Children from Sexual Offenses Act, 2012 was enacted to protect children from sexual offenses. It came into force within the territory of India in the year 2012. Section 9 of the protection of children from sexual offenses Act, 2012 defines Aggravated sexual assault. Section 10 of the said Act provides punishment for aggravated sexual assault.
Aggravated Sexual Assault –
According to Section 9 of the Protection of Children from Sexual Offenses Act, 2012 whoever, being a police officer, commits sexual assault on a child –
- within the limits of the police station or premises where he is appointed; or
- in the premises of any station house whether or not situated in the police station to which he is appointed; or
- in the course of his duties or otherwise; or
- where he is known as or identified as a police officer; or
- whoever, being a member of the armed forces or security forces, commits sexual assault on a child- within the limits of the area to which the person is deployed; or
- in any areas under the command of the security or armed forces; or
- in the course of his duties or otherwise; or
- where he is known or identified as a member of the security or armed forces; or
- whoever being a public servant commits sexual assault on a child; or
- whoever being on the management or on the staff of a jail, or remand home or protection home or observation home, or other places 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 an inmate of such jail or remand home or protection home or observation home or other places of custody or care and protection; or
- whoever being on the management or staff of a hospital, whether Government or private, commits sexual assault on a child in that hospital; or
- whoever being on the management or staff of an educational institution or religious institution, commits sexual assault on a child in that institution; or
- 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
- whoever commits sexual assault on a child using deadly weapons, fire, heated substance or corrosive substance; or
- whoever commits sexual assault causing grievous hurt or causing bodily harm and injury or injury to the sexual organs of the child; or
- whoever commits sexual assault on a child, which- 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 or causes impairment of any kind so as to render the child unable to perform regular tasks, temporarily or permanently; or
- 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
- whoever, taking advantage of a child’s mental or physical disability, commits sexual assault on the child; or
- whoever commits sexual assault on the child more than once or repeatedly; or
- whoever commits sexual assault on a child below twelve years; or
- whoever, being a relative of the child through blood or adoption or marriage or guardianship or in foster care, or having a domestic relationship with a parent of the child, or who is living in the same or shared a household with the child, commits sexual assault on such child; or
- 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
- 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
- whoever commits sexual assault on a child knowing the child is pregnant; or
- whoever commits sexual assault on a child and attempts to murder the child; or
- whoever commits sexual assault on a child in the course of communal or sectarian violence; or
- whoever commits sexual assault on a child and who has been previously convicted of having committed any offense under this Act or any sexual offense punishable under any other law for the time being in force; or
- whoever commits sexual assault on a child and makes the child to strip or parade naked in public, is said to commit aggravated sexual assault.
Punishment for aggravated sexual assault –
Section 10 of The Protection of Children from Sexual Offenses Act, 2012 provides Punishment for aggravated sexual assault – According to Section 10 of the said act whoever, commits an aggravated sexual assault shall be punished with imprisonment of either description for a term which shall not be less than five years but which may extend to seven years, and shall also be liable to fine.
