A.—PENETRATIVE SEXUAL ASSAULT AND PUNISHMENT THEREFOR
3. Penetrative sexual assault.—A person is said to commit “penetrative sexual assault” if—
(a) he penetrates his penis, to any extent, into the vagina, mouth, urethra or anus of a child or
makes the child to do so with him or any other person; or
(b) he inserts, to any extent, any object or a part of the body, not being the penis, into the vagina,
the urethra or anus of the child or makes the child to do so with him or any other person; or
(c) he manipulates any part of the body of the child so as to cause penetration into the vagina,
urethra, anus or any part of body of the child or makes the child to do so with him or any other
person; or
(d) he applies his mouth to the penis, vagina, anus, urethra of the child or makes the child to do so
to such person or any other person.
4. Punishment for penetrative sexual assault.—3
[(1)] Whoever commits penetrative sexual assault
shall be punished with imprisonment of either description for a term which shall not be less than 4
[ten
years] but which may extend to imprisonment for life, and shall also be liable to fine.
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[(2) Whoever commits penetrative sexual assault on a child below sixteen years of age shall be
punished with imprisonment for a term which shall not be less than twenty years, but which may extend
to imprisonment for life, which shall mean imprisonment for the remainder of natural life of that person
and shall also be liable to fine.
(3) The fine imposed under sub-section (1) shall be just and reasonable and paid to the victim to meet
the medical expenses and rehabilitation of such victim.]
1. Ins. by Act 25 of 2019, s. 2 (w.e.f. 16-08-2019).
2. Subs. by s. 2, ibid., for “the Juvenile Justice (Care and Protection of Children) Act, 2000 (56 of 2000)” (w.e.f. 16-08-2019).
3. Section 4 renumbered as section 4(1) thereof by s. 3, ibid (w.e.f. 16-08-2019).
4. Subs. by s. 3, ibid., for “seven years” (w.e.f. 16-08-2019).
5. Ins. by s. 3, ibid. (w.e.f. 16-08-2019).
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B.—AGGRAVATED PENETRATIVE SEXUAL ASSAULT AND PUNISHMENT THEREFOR
5. Aggravated penetrative sexual assault.—(a) Whoever, being a police officer, commits
penetrative sexual assault on a child —
(i) within the limits of the police station or premises at which he is appointed; or
(ii) in the premises of any station house, whether or not situated in the police station, to which he
is appointed; or
(iii) in the course of his duties or otherwise; or
(iv) where he is known as, or identified as, a police officer; or
(b) whoever being a member of the armed forces or security forces commits penetrative sexual assault
on a child—
(i) within the limits of the area to which the person is deployed; or
(ii) in any areas under the command of the forces or armed forces; or
(iii) in the course of his duties or otherwise; or
(iv) where the said person is known or identified as a member of the security or armed forces; or
(c) whoever being a public servant commits penetrative sexual assault on a child; or
(d) whoever being on the management or on the staff of a jail, remand home, protection home,
observation home, or other place of custody or care and protection established by or under any law for the
time being in force, commits penetrative sexual assault on a child, being inmate of such jail, remand
home, protection home, observation home, or other place of custody or care and protection; or
(e) whoever being on the management or staff of a hospital, whether Government or private, commits
penetrative sexual assault on a child in that hospital; or
(f) whoever being on the management or staff of an educational institution or religious institution,
commits penetrative sexual assault on a child in that institution; or
(g) whoever commits gang penetrative sexual assault on a child.
Explanation.—When a child is subjected to sexual assault by one or more persons of a group in
furtherance of their common intention, each of such persons shall be deemed to have committed gang
penetrative sexual assault within the meaning of this clause and each of such person shall be liable for that
act in the same manner as if it were done by him alone; or
(h) whoever commits penetrative sexual assault on a child using deadly weapons, fire, heated
substance or corrosive substance; or
(i) whoever commits penetrative sexual assault causing grievous hurt or causing bodily harm and
injury or injury to the sexual organs of the child; or
(j) whoever commits penetrative sexual assault on a child, which—
(i) physically incapacitates the child or causes the child to become mentally ill as defined under
clause (l) of section 2 of the Mental Health Act, 1987 (14 of 1987) or causes impairment of any kind
so as to render the child unable to perform regular tasks, temporarily or permanently; 1***
(ii) in the case of female child, makes the child pregnant as a consequence of sexual assault;
(iii) inflicts the child with Human Immunodeficiency Virus or any other life threatening disease
or Infection which may either temporarily or permanently impair the child by rendering him
physically incapacitated, or mentally ill to perform regular tasks; 1***
2
[(iv) causes death of the child; or]
1. The word “or” omitted by Act 25 of 2019, s. 4 (w.e.f. 16-08-2019).
2. Ins. by s. 4, ibid (w.e.f. 16-08-2019).
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(k) whoever, taking advantage of a child's mental or physical disability, commits penetrative sexual
assault on the child; or
(l) whoever commits penetrative sexual assault on the child more than once or repeatedly; or
(m) whoever commits penetrative sexual assault on a child below twelve years; or
(n) whoever being a relative of the child through blood or adoption or marriage or guardianship or in
foster care or having a domestic relationship with a parent of the child or who is living in the same or
shared household with the child, commits penetrative sexual assault on such child; or
(o) whoever being, in the ownership, or management, or staff, of any institution providing services to
the child, commits penetrative sexual assault on the child; or
(p) whoever being in a position of trust or authority of a child commits penetrative sexual assault on
the child in an institution or home of the child or anywhere else; or
(q) whoever commits penetrative sexual assault on a child knowing the child is pregnant; or
(r) whoever commits penetrative sexual assault on a child and attempts to murder the child; or
(s) whoever commits penetrative sexual assault on a child in the course of 1
[communal or sectarian
violence or during any natural calamity or in similar situations]; or
(t) whoever commits penetrative sexual assault on a child and who has been previously convicted of
having committed any offence under this Act or any sexual offence punishable under any other law for
the time being in force; or
(u) whoever commits penetrative sexual assault on a child and makes the child to strip or parade
naked in public,
is said to commit aggravated penetrative sexual assault.
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[6. Punishment for aggravated penetrative sexual assault.—(1) Whoever commits aggravated
penetrative sexual assault shall be punished with rigorous imprisonment for a term which shall not be less
than twenty years, but which may extend to imprisonment for life, which shall mean imprisonment for the
remainder of natural life of that person and shall also be liable to fine, or with death.
(2) The fine imposed under sub-section (1) shall be just and reasonable and paid to the victim to meet
the medical expenses and rehabilitation of such victim.]
C. —SEXUAL ASSAULT AND PUNISHMENT THEREFOR
7. Sexual assault.—Whoever, with sexual intent touches the vagina, penis, anus or breast of the child
or makes the child touch the vagina, penis, anus or breast of such person or any other person, or does any
other act with sexual intent which involves physical contact without penetration is said to commit sexual
assault.
8. Punishment for sexual assault.—Whoever, commits sexual assault, shall be punished with
imprisonment of either description for a term which shall not be less than three years but which may
extend to five years, and shall also be liable to fine.
D. —AGGRAVATED SEXUAL ASSAULT AND PUNISHMENT THEREFOR
9. Aggravated sexual assault.—(a) Whoever, being a police officer, commits sexual assault on a
child—
(i) within the limits of the police station or premises where he is appointed; or
(ii) in the premises of any station house whether or not situated in the police station to which he is
appointed; or
(iii) in the course of his duties or otherwise; or
1. Subs. by Act 25 of 2019, s. 4, for “communal or sectarian violence” (w.e.f. 16-08-2019).
2. Subs. by s. 5, ibid., for section 6 (w.e.f. 16-08-2019).
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(iv) where he is known as, or identified as a police officer; or
(b) whoever, being a member of the armed forces or security forces, commits sexual assault on a
child—
(i) within the limits of the area to which the person is deployed; or
(ii) in any areas under the command of the security or armed forces; or
(iii) in the course of his duties or otherwise; or
(iv) where he is known or identified as a member of the security or armed forces; or
(c) whoever being a public servant commits sexual assault on a child; or
(d) whoever being on the management or on the staff of a jail, or remand home or protection home or
observation home, or other place of custody or care and protection established by or under any law for the
time being in force commits sexual assault on a child being inmate of such jail or remand home or
protection home or observation home or other place of custody or care and protection; or
(e) whoever being on the management or staff of a hospital, whether Government or private, commits
sexual assault on a child in that hospital; or
(f) whoever being on the management or staff of an educational institution or religious institution,
commits sexual assault on a child in that institution; or
(g) whoever commits gang sexual assault on a child.
Explanation.—when a child is subjected to sexual assault by one or more persons of a group in
furtherance of their common intention, each of such persons shall be deemed to have committed gang
sexual assault within the meaning of this clause and each of such person shall be liable for that act in the
same manner as if it were done by him alone; or
(h) whoever commits sexual assault on a child using deadly weapons, fire, heated substance or
corrosive substance; or
(i) whoever commits sexual assault causing grievous hurt or causing bodily harm and injury or injury
to the sexual organs of the child; or
(j) whoever commits sexual assault on a child, which—
(i) physically incapacitates the child or causes the child to become mentally ill as defined under
clause (l) of section 2of the Mental Health Act, 1987 (14 of 1987) or causes impairment of any kind
so as to render the child unable to perform regular tasks, temporarily or permanently; or
(ii) inflicts the child with Human Immunodeficiency Virus or any other life threatening disease or
infection which may either temporarily or permanently impair the child by rendering him physically
incapacitated, or mentally ill to perform regular tasks; or
(k) whoever, taking advantage of a child’s mental or physical disability, commits sexual assault on the
child; or
(l) whoever commits sexual assault on the child more than once or repeatedly; or
(m) whoever commits sexual assault on a child below twelve years; or
(n) whoever, being a relative of the child through blood or adoption or marriage or guardianship or in
foster care, or having domestic relationship with a parent of the child, or who is living in the same or
shared household with the child, commits sexual assault on such child; or
(o) whoever, being in the ownership or management or staff, of any institution providing services to
the child, commits sexual assault on the child in such institution; or
(p) whoever, being in a position of trust or authority of a child, commits sexual assault on the child in
an institution or home of the child or anywhere else; or
(q) whoever commits sexual assault on a child knowing the child is pregnant; or
(r) whoever commits sexual assault on a child and attempts to murder the child; or
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(s) whoever commits sexual assault on a child in the course of 1
[ communal or sectarian violence or
during any natural calamity or in any similar situations]; or
(t) whoever commits sexual assault on a child and who has been previously convicted of having
committed any offence under this Act or any sexual offence punishable under any other law for the time
being in force; or
(u) whoever commits sexual assault on a child and makes the child to strip or parade naked in public;
2
[(v) whoever persuades, induces, entices or coerces a child to get administered or administers or
direct anyone to administer, help in getting administered any drug or hormone or any chemical substance,
to a child with the intent that such child attains early sexual maturity,]
is said to commit aggravated sexual assault.
10. Punishment for aggravated sexual assault.—Whoever, commits aggravated sexual assault shall
be punished with imprisonment of either description for a term which shall not be less than five years but
which may extend to seven years, and shall also be liable to fine.
E.—SEXUAL HARASSMENT AND PUNISHMENT THEREFOR
11. Sexual harassment.—A person is said to commit sexual harassment upon a child when such
person with sexual intent,—
(i) utters any word or makes any sound, or makes any gesture or exhibits any object or part of
body with the intention that such word or sound shall be heard, or such gesture or object or part of
body shall be seen by the child; or
(ii) makes a child exhibit his body or any part of his body so as it is seen by such person or any
other person; or
(iii) shows any object to a child in any form or media for pornographic purposes; or
(iv) repeatedly or constantly follows or watches or contacts a child either directly or through
electronic, digital or any other means; or
(v) threatens to use, in any form of media, a real or fabricated depiction through electronic, film
or digital or any other mode, of any part of the body of the child or the involvement of the child in a
sexual act; or
(vi) entices a child for pornographic purposes or gives gratification therefor.
Explanation.—Any question which involves “sexual intent” shall be a question of fact.
12. Punishment for sexual harassment.—Whoever, commits sexual harassment upon a child shall
be punished with imprisonment of either description for a term which may extend to three years and shall
also be liable to fine.