Section 5 POCSO Act
When does a sexual assault on a child become an aggravated offence?
Short answer
It is aggravated when the offender is a police officer, armed forces member, public servant, staff of a care or educational institution, a relative, or when the act involves a gang, weapons, serious injury, pregnancy, disease, disability, repeat attacks, or a child under twelve.
In detail
Section 5 lists many situations that turn a sexual assault on a child into a more serious crime. If the person committing the act is a police officer, a member of the armed or security forces, a public servant, or works in a jail, hospital, school, religious or other child‑care institution, the offence is aggravated. The law also treats assaults as aggravated when they are carried out by a group acting together, when a weapon, fire, or harmful substance is used, or when the assault causes serious bodily harm, pregnancy, infection with HIV or another life‑threatening disease, or leaves the child unable to carry out normal tasks. Repeated assaults, assaults on a child younger than twelve, assaults by a relative or someone living in the same household, and assaults by anyone in a position of trust or authority over the child are also covered. In all these cases, the offender faces the same severe punishment as if they acted alone.
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.