Aggravated sexual assault
Section 9 of the Protection of Children from Sexual Offences Act, 2012 deals with aggravated sexual assault. 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; The Act came into force on 14 Nov 2012.
(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
(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 childs 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
(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, is said to commit aggravated sexual assault.
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.]
Section 9, The Protection of Children from Sexual Offences Act, 2012 (Act 32 of 2012).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
-
Sasikala Pushpa vs The State of Tamil Nadu Rep. by the Inspector of Police
Court's Decision & Legal Precedent
A clerical error or incorrect statement regarding date and place in a procedural document like a vakalatnama, where the party admits to the genuine signatures and provides a plausible explanation for the error, does not constitute forgery or fraud upon the court warranting criminal prosecution under Sections 193, 466, 468, and 471 IPC. Fraud requires mens rea (criminal intention) to deceive and cause wrongful gain or loss. Before exercising jurisdiction under Section 340 Cr.P.C. to direct a criminal complaint, the court must be satisfied that it is 'expedient in the interest of justice' by weighing the effect on administration of justice, not merely the injury to a person. A mere incorrect statement in a procedural document that has no bearing on the merits of the case and causes no demonstrable harm to the administration of justice does not justify criminal prosecution.
On this section: Offences against children; added to original case during investigation
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
-
… (originally crime was registered by the Medical College Police Station, Thiruvananthapuram City, later transferred to Cusba Police Station, Kozhikode) alleging commission of offences punishable under Section 354A(1)(i), 354A(2), 342 and 509 of the Indian Penal Code ( IPC' for short); Sections 8, 7 and 10 r/w Section 9(p) of Protection of Children from Sexual Offences Act ( POCSO Act' for short) and Sections 3(2)(va) and 3(1)(w)(i) of Scheduled Case/Scheduled Tribe (Prevention of Atrocities) Act, 1989 ( SC/ST Act' for short. The prayers in the Writ Petition are as under: "1. To issue such other appropriate writ, order or …
-
… This is the basis on which the prosecution alleges commission of offences punishable under Sections 354, 448 of Indian Penal Code, Section 10 r/w 9(m) of Protection of Children from Sexual Offences Act and Section 3(1) (w)(i), 3(2)(va) of SC/ST Act. 5. It is submitted by the learned counsel for the accused that the accused has been in custody from 17.09.2022 and he has no criminal antecedents. It is argued further that though the occurrence was on …
Questions about Section 9
What have the courts held on Section 9 of the Protection of Children from Sexual Offences Act?
Sasikala Pushpa vs The State of Tamil Nadu Rep. by the Inspector of Police (07 May 2019) is the leading judgment on this section among those set out below: Offences against children; added to original case during investigation.
How do I find court cases under Section 9 of the Protection of Children from Sexual Offences Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Pocso Act 9, section 9 Pocso Act, section 9 of the Protection of Children from Sexual Offences Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Sasikala Pushpa vs The State of Tamil Nadu Rep. by the Inspector of Police (07 May 2019).
What should I read with Section 9 of the Protection of Children from Sexual Offences Act, and has it changed?
4 other provisions in this corpus refer back to it.
When did Section 9 of the Protection of Children from Sexual Offences Act come into force?
Section 9 of the Protection of Children from Sexual Offences Act, cited as Pocso Act 9, came into force on 14 Nov 2012, having been enacted on 19 Jun 2012. It is in force as at the date shown on this page.
Other sections of this Act
- 5. Aggravated penetrative sexual assault811 words
- 33. Procedure and powers of Special Court395 words
- 2. Definitions340 words
- 19. Reporting of offences338 words
- 45. Power to make rules323 words
- 15. Punishment for storage of pornographic material involving child233 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.