Optional Grouping: Sexual Crimes

Types of Child Sexual Abuse

Portfolio Keyphrase: Sexual Abuse of Children

Tags: Abuse, Violence, Crime, Children, Explainer

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

Indian law classifies types of child sexual abuse into different types of crimes, regardless of the child’s gender . Given below are some of the punishable crimes:

Non-Physical Behaviour

  • Any non-physical sexual behaviour through gestures, speech, and visuals. For example, gesturing to a child’s private parts or showing naked pictures1
  • Any act related to child pornography, including its creation, distribution, transmission, publication, etc.2
  • Administering any drug, hormone or any chemical substance to a child so that the child attains early sexual maturity.3

Physical Behaviour

Attempt of sexual abuse

If a person tries to commit6 any sexual crime against a child, this is also a crime. It does not matter if the offender fails to actually commit  the crime , the attempt itself will hold them liable.

Further, the law also makes a distinction based on the person committing the offence. For example, if any sexual abuse done by a person in a position of trust or authority to the child like a teacher or police officer, the punishment is higher.7 The law defines these kinds of abuse as “aggravated” to highlight the fiduciary relationship between the harasser and the child. Read more in our explainer here.

  1. Section 11, The Protection of Children from Sexual Offences Act, 2012.[↩]
  2. Section 13, The Protection of Children from Sexual Offences Act, 2012.[↩]
  3. Section 9(v), The Protection of Children from Sexual Offences Act, 2012; Protection of Children from Sexual Offences (Amendment) Act, 2019.[↩]
  4. Section 7, The Protection of Children from Sexual Offences Act, 2012; Section 9, The Protection of Children from Sexual Offences Act, 2012.[↩]
  5. Section 3, The Protection of Children from Sexual Offences Act, 2012; Section 5, The Protection of Children from Sexual Offences Act, 2012.[↩]
  6. Section 18, The Protection of Children from Sexual Offences Act, 2012.[↩]
  7. Section 5, The Protection of Children from Sexual Offences Act, 2012; Section 9, The Protection of Children from Sexual Offences Act, 2012.[↩]

Consent to Have Sex

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

No. The law does not recognize a child’s ability to give consent to have sex. This means that if an adult (above the age of 18) asks a child (below 18 years) to engage in any kind of sexual activity, and the child says yes explicitly or implies that they consent, this activity will still be considered as child sexual abuse or rape under the law.1

Consent Between Children

If two children engage in sexual activities willingly, it is still considered illegal. The age of consent for girls and boys is 18 years.2 Read more information in our explainer “Children Accused of Crimes”.

  1. Independent Thought v. Union of India and Another (2017) 10 SCC 800.[↩]
  2. Section 2(d), The Protection of Children from Sexual Offences Act, 2012; Independent Thought v Union of India and Another (2017) 10 SCC 800.[↩]

Sexually Touching a Child

Portfolio Keyphrase: What is Child Sexual Assault

Tags: Abuse, Violence, Crime, Children, Explainer

 

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

A person commits sexual assault on a child if they1:

  • Touch a child with a sexual intent. This includes touching the child’s  vagina, penis, anus, breast etc.
  • Force a child to touch their own or anyone else’s vagina, penis, anus, breast, etc.

The punishment for this is jail time from three to five years to a life in prison along with a fine.2

If the offender is in a position of trust or authority, then this is a higher degree of crime known as Aggravated Sexual Assault3 which has a higher degree of punishment. Read more in our explainer “What is an aggravated crime of sexual abuse by an authority figure?”.

  1. Section 7, The Protection of Children from Sexual Offences Act, 2012.[↩]
  2. Section 8, The Protection of Children from Sexual Offences Act, 2012.[↩]
  3. Section 9, The Protection of Children from Sexual Offences Act, 2012.[↩]

Non-Physical Sexual Behaviour

Portfolio Keyphrase: Non-physical Sexual Harassment of child

Tags: Abuse, Violence, Crime, Children, Explainer

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

Sexual harassment means non-physical sexual behaviour which is unwelcome to the child, such as1:

Speaking and gesturing sexually

  • Speaking, gesturing, or showing sexual organs to  the child.
  • Showing a sexual object or any sexual body parts to a child.
  • Forcing or asking a child to show their body parts to someone else.

Stalking and threatening

  • Repeatedly or constantly following, watching, or contacting a child either directly or indirectly by phone, SMS, the internet, or any other form.
  • Threatening or lying to a child to involve them in a sexual act in any form of media.

Pornography- related

  • Showing pornography to a child.
  • Tempting or persuading a child to participate in pornographic acts.

Sexual harassment of a child is punishable with jail time up to three years along with a fine.2

  1. Section 3, The Protection of Children from Sexual Offences Act, 2012.[↩]
  2. Section 12, The Protection of Children from Sexual Offences Act, 2012.[↩]

Sexual Penetration of a Child

Portfolio Keyphrase: Physical Sexual Assault of child

Tags: Abuse, Violence, Crime, Children, Explainer

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

When a person inserts any object or any body part into any body part of a child, or forces the child to do this with someone, it is a crime of penetrative sexual assault. This includes1:

  • Penetrating the vagina, mouth, urethra, or anus of any child with a penis, another body part, or an object.
  • Forcing a child to use their penis to penetrate another person or thing.
  • Performing oral sex on a child or forcing a child to perform oral sex on someone else.

The punishment for this is jail time of ten years to life imprisonment along with a fine.2

If the child is above the age of 16 as is tried as an adult in court, then the punishment is higher and the child would be facing trial for the crime of rape.3 If the offenderis a person in a position of trust or authority, then the crime is known as Aggravated Penetrative Sexual Assault,4 which has a higher degree of punishment.

  1. Section 3, The Protection of Children from Sexual Offences Act, 2012.[↩]
  2. Section 4, The Protection of Children from Sexual Offences Act, 2012.[↩]
  3. Section 376 (1), Indian Penal Code, 1860.[↩]
  4. Section 5, The Protection of Children from Sexual Offences Act, 2012.[↩]

Blackmailing a Child and Sexual Harassment

Portfolio Keyphrase: Blackmailing a child

Tags: Abuse, Violence, Crime, Children, Explainer

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

If someone threatens a child or records1 any sexual act done to a child, then anyone including the parents can complain against them. Blackmailing a child is a punishable crime punishable under the law with jail time of three years and/or a fine.2

For example, if Seema’s tuition teacher has sexually abused her, recorded a video of it and blackmails her parents for favours or money, then the parents should immediately complain to the police and other authorities who will take action.

Anyone can call the police  to report the blackmail and the sexual abuse itself. Under the law, instances of blackmailing are classified as a crime of sexual harassment.3  The punishment is jail time of two years and/or a fine.4

  1. Section 11(v), The Protection of Children from Sexual Offences Act, 2012.[↩]
  2. Section 12, The Protection of Children from Sexual Offences Act, 2012.[↩]
  3. Section 11, The Protection of Children from Sexual Offences Act, 2012.[↩]
  4. Section 503 and 506 of the Indian Penal Code, 1860.[↩]

Child Pornography

Portfolio Keyphrase: Child pornography

Tags: Abuse, Violence, Crime, Children, Media, Explainer

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

The law can punish any person who uses children in any form of media (advertisements, internet, printed form, etc.) for sexual gratification. This includes1:

  • Representing a child’s sexual organs
  • Using children in real or simulated sexual acts
  • Indecent or obscene representation of children.

It is a crime to involve a child in recording, preparing, offering, publishing, or distributing pornographic material. It is not necessary that the child must be used only for the above activities. It is child pornography even if someone uses a child in making porn in any other way. For example, if a person is involved in editing, selling, or distributing child porn, or any other related activity it would amount to child pornography.

The punishments for child pornography may vary according to the extent of the involvement of the child and the nature of the crime.2

Crime Punishment
Using a child for pornographic purposes First offence – Jail time of at least five years and a fine

Subsequent offences – Jail time of at least seven years and a fine
Storing or having child pornographic material for displaying or distributing it Jail time of up to three years and/or a fine
Storing or having child pornographic material for commercial purposes First offence – Jail time of three to five years and/or a fine

Subsequent offences – Jail time of five to seven years and a fine

If any person knows about such pornographic material then they must report the same to the local police or Special Juvenile Police Unit or the cybercrime portal (cybercrime.gov.in). 3

  1. Section 13, The Protection of Children from Sexual Offences Act, 2012.[↩]
  2. Section 14, The Protection of Children from Sexual Offences Act, 2012.[↩]
  3. Rule 11, Protection of Children from Sexual Offences Rules, 2020.[↩]

Helping Someone Sexually Abuse a Child

Portfolio Keyphrase: Helping someone sexually abuse children

Tags: Abuse, Violence, Crime, Children, Explainer

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

When a person helps, protects, or intentionally encourages someone to sexually abuse a child, they become an abettor of child sexual abuse1.

For example, if a person wants to shoot pornographic videos of a child and someone knowingly encourages them to go ahead with it, that person will be punished under the law for abetting child sexual abuse.

The abettor can be punished with jail time and fine for the actual crime committed2.

  1. Section 16, The Protection of Children from Sexual Offences Act, 2012.[↩]
  2. Section 17, The Protection of Children from Sexual Offences Act, 2012.[↩]