POCSO Act Section 5 — Aggravated penetrative sexual assault

Summary

Clause (a) covers a police officer who commits penetrative sexual assault on a child in any of these situations: within the limits of the police station or premises where the officer is appointed; in the premises of any station house to which the officer is appointed, whether or not that station house is located within the police station; in the course of the officer's duties or otherwise; or where the officer is known or identified as a police officer.

Clause (b) covers a member of the armed forces or security forces who commits penetrative sexual assault on a child in any of these situations: within the limits of the area where the person is deployed; in any area under the command of the forces or armed forces; in the course of the person's duties or otherwise; or where the person is known or identified as a member of the security or armed forces.

Clause (c) covers a public servant who commits penetrative sexual assault on a child.

Clause (d) covers a person on the management or staff of a jail, remand home, protection home, observation home, or other place of custody or care and protection established under any law, who commits penetrative sexual assault on a child who is an inmate of such a place.

Clause (e) covers a person on the management or staff of a hospital, whether government or private, who commits penetrative sexual assault on a child in that hospital.

Clause (f) covers a person on the management or staff of an educational institution or religious institution who commits penetrative sexual assault on a child in that institution.

Clause (g) covers gang penetrative sexual assault on a child. The explanation to this clause states that when a child is subjected to sexual assault by one or more persons of a group acting with a common intention, each of those persons is deemed to have committed gang penetrative sexual assault, and each is liable for that act in the same manner as if it were done by that person alone.

Clause (h) covers penetrative sexual assault on a child using deadly weapons, fire, a heated substance, or a corrosive substance.

Clause (i) covers penetrative sexual assault that causes grievous hurt, or causes bodily harm and injury, or causes injury to the sexual organs of the child.

Clause (j) covers penetrative sexual assault on a child that results in any of the following: it 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 any kind of impairment that renders the child unable to perform regular tasks, temporarily or permanently; in the case of a female child, it makes the child pregnant as a consequence of the sexual assault; it inflicts the child with Human Immunodeficiency Virus or any other life-threatening disease or infection that may temporarily or permanently impair the child by rendering the child physically incapacitated or mentally ill to perform regular tasks; or it causes the death of the child.

Clause (k) covers a person who takes advantage of a child's mental or physical disability to commit penetrative sexual assault on the child.

Clause (l) covers penetrative sexual assault on a child more than once or repeatedly.

Clause (m) covers penetrative sexual assault on a child below twelve years of age.

Clause (n) covers a person who is a relative of the child through blood, adoption, marriage, guardianship, or foster care, or who has a domestic relationship with a parent of the child, or who lives in the same or shared household with the child, committing penetrative sexual assault on such child.

Clause (o) covers a person who is in the ownership, management, or staff of any institution providing services to the child, committing penetrative sexual assault on the child.

Clause (p) covers a person in a position of trust or authority of a child who commits penetrative sexual assault on the child in an institution, in the child's home, or anywhere else.

Clause (q) covers penetrative sexual assault on a child when the person knows the child is pregnant.

Clause (r) covers penetrative sexual assault on a child along with an attempt to murder the child.

Clause (s) covers penetrative sexual assault on a child committed in the course of communal or sectarian violence, during any natural calamity, or in similar situations.

Clause (t) covers penetrative sexual assault on a child by a person who has been previously convicted of any offence under this Act or any sexual offence punishable under any other law in force.

Clause (u) covers penetrative sexual assault on a child where the person makes the child strip or parade naked in public. Any of the acts described in clauses (a) through (u) is said to constitute aggravated penetrative sexual assault.

Official Text

(a) Whoever, being a police officer, commits penetrative sexual assault on a child —

(i) within the limits of the police station or premises at which 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 penetrative 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 forces or armed forces; or

(iii) in the course of his duties or otherwise; or

(iv) where the said person is known or identified as a member of the security or armed forces; or

(c) whoever being a public servant commits penetrative sexual assault on a child; or

(d) whoever being on the management or on the staff of a jail, remand home, protection home, observation home, or other place of custody or care and protection established by or under any law for the time being in force, commits penetrative sexual assault on a child, being inmate of such jail, remand home, protection home, 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 penetrative 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 penetrative sexual assault on a child in that institution; or

(g) whoever commits gang penetrative 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 penetrative 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 penetrative sexual assault on a child using deadly weapons, fire, heated substance or corrosive substance; or

(i) whoever commits penetrative sexual assault causing grievous hurt or causing bodily harm and injury or injury to the sexual organs of the child; or

(j) whoever commits penetrative 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; (ii) in the case of female child, makes the child pregnant as a consequence of sexual assault;

(iii) 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; (iv) causes death of the child; or

(k) whoever, taking advantage of a child's mental or physical disability, commits penetrative sexual assault on the child; or

(l) whoever commits penetrative sexual assault on the child more than once or repeatedly; or

(m) whoever commits penetrative 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 a domestic relationship with a parent of the child or who is living in the same or shared household with the child, commits penetrative 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 penetrative sexual assault on the child; or

(p) whoever being in a position of trust or authority of a child commits penetrative sexual assault on the child in an institution or home of the child or anywhere else; or

(q) whoever commits penetrative sexual assault on a child knowing the child is pregnant; or

(r) whoever commits penetrative sexual assault on a child and attempts to murder the child; or

(s) whoever commits penetrative sexual assault on a child in the course of communal or sectarian violence or during any natural calamity or in similar situations; or

(t) whoever commits penetrative 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 penetrative sexual assault on a child and makes the child to strip or parade naked in public, is said to commit aggravated penetrative sexual assault.

Referred to by

• POCSO Act §2 — Definitions
• POCSO Act §14 — Punishment for using child for pornographic purposes
• POCSO Act §22 — Punishment for false complaint or false information
• POCSO Act §29 — Presumption as to certain offences
• POCSO Act §41 — Provisions of sections 3 to 13 not to apply in certain cases

Related Judgments

• SAMBHUBHAI RAISANGBHAI PADHIYAR vs STATE OF GUJARAT — Supreme Court of India (2024)
• MS. EERA THROUGH DR. MANJULA KRIPPENDORF vs STATE (GOVT. OF NCT OF DELHI) & ANR — Supreme Court of India (2017)
• STATE OF U.P vs SONU KUSHWAHA — Supreme Court of India (2023)
• ALAKH ALOK SRIVASTAVA vs UNION OF INDIA & ORS — Supreme Court of India (2018)
• P. YUVAPRAKASH vs STATE REP. BY INSPECTOR OF POLICE — Supreme Court of India (2023)
• SACHIN vs STATE OF MAHARASHTRA — Supreme Court of India (2025)