Theme: Child Sexual Abuse

[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 pictures(( Section 11, The Protection of Children from Sexual Offences Act, 2012.))
• Any act related to child pornography, including its creation, distribution, transmission, publication, etc.(( Section 13, The Protection of Children from Sexual Offences Act, 2012.))
• Administering any drug, hormone or any chemical substance to a child so that the child attains early sexual maturity.(( Section 9(v), The Protection of Children from Sexual Offences Act, 2012; Protection of Children from Sexual Offences (Amendment) Act, 2019.))

Physical Behaviour

• Touching a child in a sexually inappropriate way. For example, touching the private parts of a child.(( Section 7, The Protection of Children from Sexual Offences Act, 2012; Section 9, The Protection of Children from Sexual Offences Act, 2012.))
• Sexually abusing a child through penetration – either with a penis or any other object.(( Section 3, The Protection of Children from Sexual Offences Act, 2012; Section 5, The Protection of Children from Sexual Offences Act, 2012.))

Attempt of sexual abuse

If a person tries to commit(( Section 18, The Protection of Children from Sexual Offences Act, 2012.)) 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.(( Section 5, The Protection of Children from Sexual Offences Act, 2012; Section 9, The Protection of Children from Sexual Offences Act, 2012.)) 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.

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.(( Independent Thought v. Union of India and Another (2017) 10 SCC 800.))

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

A person commits sexual assault on a child if they(( Section 7, The Protection of Children from Sexual Offences Act, 2012.)):

• 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.(( Section 8, The Protection of Children from Sexual Offences Act, 2012.))

If the offender is in a position of trust or authority, then this is a higher degree of crime known as Aggravated Sexual Assault(( Section 9, The Protection of Children from Sexual Offences Act, 2012.)) which has a higher degree of punishment. Read more in our explainer “What is an aggravated crime of sexual abuse by an authority figure?”.

[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 as(( Section 3, The Protection of Children from Sexual Offences Act, 2012.)):

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.(( Section 12, The Protection of Children from Sexual Offences Act, 2012.))

[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 includes(( Section 3, The Protection of Children from Sexual Offences Act, 2012.)):

• 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.(( Section 4, The Protection of Children from Sexual Offences Act, 2012.))

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.(( Section 376 (1), Indian Penal Code, 1860.)) If the offenderis a person in a position of trust or authority, then the crime is known as Aggravated Penetrative Sexual Assault,(( Section 5, The Protection of Children from Sexual Offences Act, 2012.)) which has a higher degree of punishment.

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

If someone threatens a child or records((Section 11(v), The Protection of Children from Sexual Offences Act, 2012.)) 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.(( Section 12, The Protection of Children from Sexual Offences Act, 2012.))

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.(( Section 11, The Protection of Children from Sexual Offences Act, 2012.))  The punishment is jail time of two years and/or a fine.(( Section 503 and 506 of the Indian Penal Code, 1860.))

[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 includes(( Section 13, The Protection of Children from Sexual Offences Act, 2012.)):

• 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.(( Section 14, The Protection of Children from Sexual Offences Act, 2012.))

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).¹

1. Rule 11, Protection of Children from Sexual Offences Rules, 2020. [↩]

[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 abuse(( Section 16, The Protection of Children from Sexual Offences Act, 2012.)).

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 committed(( Section 17, The Protection of Children from Sexual Offences Act, 2012.)).