Optional Grouping: Perpetrators of Abuse

[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”.

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

When a child is sexually abused by a family member, they face a more severe punishment than someone who is not a family member since they are in a position of authority and trust to the child. A family member of a child can include anyone(( Section 5(n) & 9(n), The Protection of Children from Sexual Offences Act, 2012.)):

• Related to them by blood, adoption, marriage, guardianship, or foster care; or
• Someone who has a domestic relationship with the parents or child; or Family members living in the same house as the child.

Depending on the type of crime committed, the punishment will vary for the family member.(( Section 6 & 10, The Protection of Children from Sexual Offences Act, 2012.))

If a child is being sexually abused by a family member or someone knows about a child being sexually abused in the family, report the crime to the police.

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

The persons given below are punished strictly under the law on sexual crimes against children.

The people included in the list are(( Section 5 & 9, The Protection of Children from Sexual Offences Act, 2012.)):

• Any person who is a government servant and holds authority because of their position within the institutional system of the government. For example, a police officer while on duty.
• Any person in a position of trust or authority of the child who interacts with the child. For example, a school teacher or a family member.
• Persons who commit sexual assault which is more gruesome in nature and calls for higher punishment. For example, gang rape of a child.
• Repeat Offenders. For example, someone who has already been convicted for child sexual abuse.
• Teachers, medical professionals, caregivers, staff, and management of any educational, religious, or medical institution can be punished for abusing their power and sexually abusing a child(( Section 5(e)(f) &9(e)(f), The Protection of Children from Sexual Offences Act, 2012.)). This law will not punish a doctor who is performing a medical examination of a child with the permission of the child’s parents. However,if it is proved that the doctor sexually abused the child while conducting the examination, then they will be punished under the law.

When these people commit crimes such as sexual assault or penetrative sexual assault, they will be given higher punishment for committing the same crimes. The crimes are considered as aggravated sexual assault and aggravated penetrative sexual assault respectively.

The punishment is rigorous imprisonment for any time in between 5 years and life imprisonment along with fine(( Section 6 & 10, The Protection of Children from Sexual Offences Act, 2012.)).