Section 9 POCSO: Aggravated sexual assault
Protection of Children from Sexual Offences Act, 2012
Section 9 POCSO at a Glance
Section 9 POCSO lists 22 situations in which sexual assault on a child, or giving a child drugs, hormones or chemicals for early sexual maturity, becomes aggravated sexual assault. These cover offences by persons in authority, against vulnerable children, or involving severe harm.
Section 9 POCSO Bare Act 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.
Amendments to this section
- Subs. by Act 25 of 2019, s. 6, for "communal or sectarian violence" (w.e.f. 16-08-2019).
- Ins. by Act 25 of 2019, s. 6 (w.e.f. 16-08-2019).
Section 9 POCSO in Simple Words
Section 9 POCSO defines when sexual assault on a child becomes aggravated sexual assault, an offence for which Section 10 POCSO provides the punishment. Under clause (a), a police officer commits aggravated sexual assault by committing sexual assault on a child within the limits of the police station or premises where that police officer is appointed, in the premises of any station house whether or not in the police station of appointment, in the course of duties or otherwise, or where the person is known or identified as a police officer. Under clause (b), a member of the armed forces or security forces commits aggravated sexual assault by committing sexual assault on a child within the deployment area, in any area under the command of the security or armed forces, in the course of duties or otherwise, or where the person is known or identified as a member of those forces. Clause (c) covers any public servant who commits sexual assault on a child.
Clauses (d), (e), and (f) cover institutional staff and management when the sexual assault occurs within their facility. Clause (d) applies to anyone on the management or 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 in force, when the child is an inmate of that facility. Clause (e) applies to anyone on the management or staff of a Government or private hospital who commits sexual assault on a child in that hospital. Clause (f) applies to anyone 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. Under the Explanation to Section 9(g) POCSO, when one or more persons in a group commit sexual assault on a child in furtherance of their common intention, every person in that group is deemed to have committed gang sexual assault and is liable for that act in the same manner as if that person did it alone.
Clauses (h) to (m) focus on the means used, the harm caused, or the vulnerability of the child. Clause (h) applies when the offender uses deadly weapons, fire, a heated substance, or a corrosive substance. Clause (i) applies when the sexual assault causes grievous hurt, bodily harm and injury, or injury to the sexual organs of the child. Clause (j) applies when the sexual assault (i) physically incapacitates the child, causes mental illness as defined under clause (l) of section 2 of the Mental Health Act, 1987, or causes any impairment that renders the child temporarily or permanently unable to perform regular tasks, or (ii) inflicts the child with Human Immunodeficiency Virus (HIV) 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. Clause (k) applies when the offender takes advantage of the child's mental or physical disability. Clause (l) applies when the offender commits sexual assault on the child more than once or repeatedly. Clause (m) applies when the child is below 12 years of age.
Clauses (n) to (u) cover domestic relationships, positions of trust, and further aggravating circumstances. Clause (n) covers a relative of the child through blood, adoption, marriage, guardianship, or foster care, a person having a domestic relationship with a parent of the child, or a person living in the same or shared household with the child. Clause (o) covers anyone in the ownership, management, or staff of any institution providing services to the child who commits sexual assault on the child in that institution. Clause (p) covers anyone in a position of trust or authority of a child who commits sexual assault on the child in an institution, in the home of the child, or anywhere else. Clause (q) applies when the offender commits sexual assault knowing the child is pregnant. Clause (r) applies when the offender commits sexual assault on a child and attempts to murder the child. Clause (s) applies when the sexual assault is committed in the course of communal or sectarian violence, during any natural calamity, or in any similar situation. Clause (t) applies when the offender has been previously convicted of any offence under POCSO or any sexual offence punishable under any other law in force. Clause (u) applies when the offender commits sexual assault on a child and makes the child strip or parade naked in public.
Clause (v) does not need an act of sexual assault: a person commits aggravated sexual assault by persuading, inducing, enticing, or coercing a child to get administered, or by administering, directing anyone to administer, or helping in getting administered, any drug, hormone, or chemical substance to a child with the intent that the child attains early sexual maturity. Act 25 of 2019, from 16 August 2019, inserted clause (v) and put "communal or sectarian violence or during any natural calamity or in any similar situations" in place of "communal or sectarian violence" in clause (s).
When Section 9 POCSO Applies
- The victim is a child, meaning any person below the age of 18 years under Section 2(1)(d) POCSO.
- For clauses (a) to (u) of Section 9 POCSO, the offender commits sexual assault on the child.
- For clauses (a) to (f) and (n) to (p), the offender holds a listed status, relationship, or position (police officer, armed or security forces member, public servant, relative, person in a domestic relationship with a parent or sharing a household, person in trust or authority, or staff, management, or owner of a specified institution where the assault occurs as required by the clause).
- For clauses (g) to (m) and (q) to (u), at least one listed aggravating factor is present (gang sexual assault with common intention, use of deadly weapons, fire, heated or corrosive substance, grievous hurt or bodily or sexual-organ injury, physical incapacitation, mental illness, impairment, HIV or life-threatening infection, taking advantage of disability, repeated assault, child below 12 years, knowledge of pregnancy, attempted murder, communal or sectarian violence or natural calamity, a previous conviction for an offence under POCSO or a sexual offence under any other law, or making the child strip or parade naked in public).
- Alternatively, under clause (v) of Section 9 POCSO, the offender persuades, induces, entices, or coerces a child to get administered, or administers, directs anyone to administer, or helps in getting administered any drug, hormone, or chemical substance to a child with the intent that the child attains early sexual maturity.
Example of Section 9 POCSO
When Section 9 POCSO Does Not Apply
- Under Section 9(d) POCSO, when the child is not an inmate of the jail, remand home, protection home, observation home, or other place of custody or care and protection where the offender is on the management or staff (unless another clause of Section 9 POCSO applies).
- Under Sections 9(e), 9(f), and 9(o) POCSO, when the sexual assault by a person on the management, staff, or ownership (for clause (o)) does not take place in that hospital or institution (unless another clause of Section 9 POCSO, such as clause (p), applies).
- Under Section 9(q) POCSO, when the offender does not know that the child is pregnant (unless another clause of Section 9 POCSO applies).
FAQs on Section 9 POCSO
What is Section 9 POCSO?▼
Section 9 POCSO defines aggravated sexual assault by listing 22 circumstances in which sexual assault on a child, or giving a child a drug, hormone, or chemical substance for early sexual maturity, becomes an aggravated offence. Section 9 POCSO does not state a punishment itself, and Section 10 POCSO provides the punishment for aggravated sexual assault.
Does sexual assault on a child below 12 years count as aggravated sexual assault under Section 9 POCSO?▼
Yes. Under Section 9(m) POCSO, whoever commits sexual assault on a child below 12 years commits aggravated sexual assault.
Does Section 9 POCSO cover a private hospital employee who commits sexual assault on a child in that hospital?▼
Yes. Under Section 9(e) POCSO, anyone on the management or staff of a hospital, whether Government or private, who commits sexual assault on a child in that hospital commits aggravated sexual assault.
When is each member of a group liable for gang sexual assault under Section 9(g) POCSO?▼
When a child is subjected to sexual assault by one or more persons of a group in furtherance of the group's common intention. Under the Explanation to Section 9(g) POCSO, each person in that group is deemed to have committed gang sexual assault and is liable for that act in the same manner as if that person did it alone.
Can an act be aggravated sexual assault under Section 9 POCSO without physical sexual assault?▼
Yes. Under Section 9(v) POCSO, persuading, inducing, enticing, or coercing a child to get administered, or administering, directing anyone to administer, or helping in getting administered any drug, hormone, or chemical substance to a child with the intent that the child attains early sexual maturity is aggravated sexual assault.
Does Section 9(a) POCSO apply if a police officer commits sexual assault on a child while off duty?▼
Yes. Under Section 9(a)(iii) POCSO, a police officer commits aggravated sexual assault whether the sexual assault on a child is committed in the course of duties or otherwise.
Have questions about Section 9 POCSO?
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Sources: Bare Act Text, Protection of Children from Sexual Offences Act, 2012 (India Code) ·