Section 9 POCSO Act
Is a police officer who assaults a child in a police station guilty of aggravated sexual assault?
Short answer
Yes, such conduct is classified as aggravated sexual assault under Section 9 of the Act.
In detail
Section 9 says that when a child is sexually assaulted, the offence becomes ‘aggravated’ if the offender holds a position of authority or the act has especially harmful features. This includes police officers, members of the armed forces or security forces, any public servant, or staff of a jail, hospital, school, religious or other institution where the child is present. It also covers gang assaults, use of deadly weapons or harmful substances, causing serious injury or disease such as HIV, exploiting a child’s disability, repeating the assault, assaulting a child under twelve, assault by a relative or someone living with the child, or by a person in a position of trust. Even if the child is pregnant, or the assault is part of communal violence or includes an attempt to kill the child, the law treats it as aggravated. Each person involved is treated as if they committed the act alone and will face the same legal consequences.
Related questions
What actions count as penetrative sexual assault under the POCSO Act?
Any act where an adult causes penetration of a child's genital, anal or oral area with a penis, object, body part, or forces the child to do so.
What punishment does the law prescribe for penetrative sexual assault on a child?
The offender can be jailed for at least seven years, up to life, and must also pay a fine.
What punishment does a person face for committing sexual assault on a child?
They can be sentenced to three to five years in prison and may also have to pay a fine.
What punishment does the law impose for aggravated penetrative sexual assault on a child?
The offender is sentenced to rigorous imprisonment of at least ten years, which may go up to life, and also must pay a fine.
Not legal advice. This is general legal information, not legal advice. Laws change and every case turns on its own facts — speak to a lawyer about your situation.