Laws against Child Sexual Abuse

தமிழ

  1. Penetrative sexual assault

    Punishment: The accused shall be punished with imprisonment for at least 10 years.

  2. Sexual assault without penetration

    This includes touching the penis, vagina, anus or breast of a child with sexual intent. In fact, making any kind of physical contact with a child with sexual intent is considered as sexual assault. Making the child do any of the above is also considered a sexual assault on the child.


    Punishment: Whoever, commits sexual assault, shall be punished with imprisonment for at least three years but which may extend to five years, and shall also be liable to fine.

  3. Aggravated sexual violence – the law defines certain cases as aggravated violence on a child.

    Punishment:

    • Whoever, commits aggravated penetrative sexual assault, shall be punished with rigorous imprisonment for at least ten years but which may extend to imprisonment for life and shall also be liable to fine.
    • Whoever, commits aggravated sexual assault without penetration, shall be punished with rigorous imprisonment for at least five years.
  4. Sexual harassment.

    This includes making any sound or gesture, or exhibiting any object or part of body, with sexual intent, so that it will be heard or seen by the child. Also, making a child exhibit his body or make a gesture so that it is seen by another person is considered sexual harassment of the child. Constantly following or watching a child either directly or through digital or any other means, showing any object to a child in any form with sexual intent or enticing child for pornographic purposes are also considered sexual harassment of the child.

    Punishment: Whoever, commits sexual harassment upon a child shall be punished with imprisonment for upto three years and shall also be.

  5. See the laws against Child Pornography.
  6. Abetment: Abetment includes any kind of aid to commit the crime, including not disclosing correct information such that the crime takes place.

    Punishment: Abetting for the crime will be punished with the same sentence as if the crime was committed by the person.

  7. Attempted offence: An attempted offence will sentence the person to half of the jailterm assigned for committing the offence. This may also include fine.
  8. Knowing and not reporting: Any person who knows of or anticipates a sexual crime on a child must report the case to the police station. Such a person will not have any criminal or civil liability of false report if the reporting is done in good faith.

    Punishment: Any person(who is not a child), who fails to report the crime may be punished with imprisonment upto six months or with fine or with both. Any person(who is not a child) who is in-charge of any company or an institution and who fails to report the crime shall be punished with imprisonment for upto one year and with fine.

  9. Not taking down the report: If a policeman does not take down a report, under section 166 of the Indian Penal Code, the policeman could be imprisoned for at least 6 months and charged a fine.
  10. Refusing medical assistance: If a person in a medical centre refuses medical assistance, then under section 166B, he or she will have to serve jailtime or pay a fine.

*This law is for the protection of the exploited, and therefore has very harsh punishments for the perpetrators. As a result, a false complaint or false information carries heavy punishment as well. However, this is not to deter the reporting of genuine cases as in these cases the burden of proof of innocence lies on the defendant.

Please read about medical aid required for cases of child sexual abuse.

You can also read about how to report a case of child sexual abuse. Here are some important things to remember throughout the legal procedures, medical treatment etc.