POCSO Act Section 9 — Aggravated sexual assault

Summary

Clause (a) covers a police officer who commits sexual assault on a child, including when the assault happens within the limits of the police station or premises where the officer is appointed, or in the premises of any station house whether or not it is within the police station to which the officer is appointed, or in the course of the officer's duties or otherwise, or where the officer is known as or identified as a police officer.

Clause (b) covers a member of the armed forces or security forces who commits sexual assault on a child, including when the assault happens within the limits of the area where the person is deployed, or in any areas under the command of the security or armed forces, or 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 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 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 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 sexual assault on a child in that institution.

Clause (g) covers gang 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 in furtherance of their common intention, each of those persons is deemed to have committed gang sexual assault, and each person is liable for that act in the same manner as if it were done by him alone.

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

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

Clause (j) covers sexual assault on a child which, under sub-clause (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, or causes impairment of any kind so as to render the child unable to perform regular tasks, temporarily or permanently. Under sub-clause (ii), it also covers sexual assault that 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.

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

Clause (l) covers committing sexual assault on the child more than once or repeatedly.

Clause (m) covers committing sexual assault on a child below twelve years.

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 is living in the same or shared household with the child, committing sexual assault on such child.

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

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

Clause (q) covers committing sexual assault on a child knowing the child is pregnant.

Clause (r) covers committing sexual assault on a child and attempting to murder the child.

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

Clause (t) covers committing sexual assault on a child by a person 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.

Clause (u) covers committing sexual assault on a child and making the child strip or parade naked in public.

Clause (v) covers persuading, inducing, enticing, or coercing a child to get administered, or administering, or directing anyone to administer, or helping in getting administered, any drug or hormone or any chemical substance to a child with the intent that such child attains early sexual maturity.

Official Text

(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 2of 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.

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

• MS. EERA THROUGH DR. MANJULA KRIPPENDORF vs STATE (GOVT. OF NCT OF DELHI) & ANR — Supreme Court of India (2017)
• NAWABUDDIN vs STATE OF UTTARAKHAND — Supreme Court of India (2022)
• INDEPENDENT THOUGHT vs UNION OF INDIA & ANR — Supreme Court of India (2017)
• SAMBHUBHAI RAISANGBHAI PADHIYAR vs STATE OF GUJARAT — Supreme Court of India (2024)
• ALAKH ALOK SRIVASTAVA vs UNION OF INDIA & ORS — Supreme Court of India (2018)
• BAIL APPLICATION NO. 655 OF 2025; Prashant Sakharam Atre vs State of Maharashtra & Anr — Bombay High Court (Mumbai Principal Seat) (2025)