Sexual Abuse by Another Child

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[Trigger Warning: The following content contains information on sexual and physical violence which some readers may find disturbing.]

If a child above 7 years of age sexually harasses or sexually assaults another child , they can be considered an abuser and punished under the Juvenile Justice (Care and Protection of Children) Act, 2015.(( Section 34, The Protection of Children from Sexual Offences Act, 2012.)) If the child is between 16 and 18 years, they can also be put on trial as an adult and charged for crimes under the Indian Penal Code, 1860.(( The Juvenile Justice (Care and Protection of Children) Act, 2015.))

The law assumes that any child under 7 years of age does not have the mental capacity to commit a crime(( Section 72, The Indian Penal Code, 1860.)) because the child cannot understand the consequences of their actions. Read more in our explainer “Children Accused of Crimes”.

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