Child ProtectionSection 9, Protection of Children from Sexual Offences Act, 2012

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.

Reviewed by LegalX Editorial · 3 September 2026View sourcePowered by IKanoon

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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.

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