Sexual Offences Under the Act — Sections 3–15

3.1 Category 1: Penetrative Sexual Assault (Sections 3–4)

Section 3 — Definition: A person is said to commit "penetrative sexual assault" if he/she:
(a) Penetrates the penis into the vagina, mouth, urethra, or anus of a child; OR
(b) Inserts any object or part of body (other than penis) into vagina, urethra, or anus of child; OR
(c) Manipulates any part of the child's body to cause penetration; OR
(d) Applies mouth to penis, vagina, anus, or urethra of child

Section 4 — Punishment:

• Rigorous imprisonment for a term not less than 10 years (which may extend to life imprisonment)
• And fine
• If victim is below 16 years (post 2019 amendment): Minimum 20 years RI which may extend to life imprisonment

3.2 Category 2: Aggravated Penetrative Sexual Assault (Sections 5–6)

Section 5 — Who qualifies for "aggravated" status:
The assault becomes "aggravated" when committed by:

1. Police officer within police station limits or on/near school/hospital premises or in uniform
2. Member of armed forces/security forces on duty or in uniform
3. Public servant
4. Staff/management of jail, remand home, protection home, observation home, or any place of custody
5. Staff/management of hospital (government or private)
6. Staff/management of educational/religious institution
7. Person on the management/staff of child care institution
8. Relative of child (by blood, adoption, guardianship, marriage, foster care)
9. Person in a position of trust or authority vis-à-vis the child
10. Person who commits assault repeatedly
11. When assault causes grievous hurt or bodily harm
12. When assault causes child to become pregnant
13. When assault infects child with HIV/AIDS or sexually transmitted disease
14. When committed on a mentally ill or physically disabled child
15. When committed by a gang of persons acting in furtherance of common intention
16. When the child is under 12 years of age

Section 6 — Punishment for Aggravated Penetrative Sexual Assault:

• Minimum 20 years RI (which may extend to life imprisonment or death)
• Fine — shall be just and reasonable and paid to victim

3.3 Category 3: Sexual Assault (Sections 7–8)

Section 7 — Definition: A person commits sexual assault when:

• He touches the vagina, penis, anus, or breast of a child with sexual intent
• OR does any other act with sexual intent that involves physical contact without penetration

Section 8 — Punishment:

• Minimum 3 years RI — may extend to 5 years
• Fine

3.4 Category 4: Aggravated Sexual Assault (Sections 9–10)

Same as "aggravated" categories for penetrative assault — committed by police, armed forces, public servants, hospital/educational institution staff, relatives, persons of authority.

Section 10 — Punishment:

• Minimum 5 years RI — may extend to 7 years
• Fine

3.5 Category 5: Sexual Harassment (Sections 11–12)

Section 11 — Definition: A person commits sexual harassment upon a child when such person:
(a) Utters any word or sound, or makes any gesture, or exhibits any object or part of body with intent to be seen by the child
(b) Makes a child exhibit his/her body or any part of his/her body
(c) Shows any object to a child in any form including pornography with sexual intent
(d) Repeatedly or constantly follows, contacts, or attempts to contact the child to foster personal interaction despite a clear indication of disinterest
(e) Monitors a child's electronic/digital media without the child's consent
(f) Threatens to use, or actually uses a real or fabricated depiction of a sexual act in which the child is involved
(g) Entices a child for pornographic purposes or gives gratification

Section 12 — Punishment:

• Imprisonment up to 3 years + fine

3.6 Category 6: Using Child for Pornographic Purposes (Sections 13–15)

Section 13: A person using a child for pornographic purposes means: uses such child in any media for sexual gratification, which includes:

• Representation of sexual organs of children
• Usage of child in real or simulated sexual acts (with or without penetration)
• Indecent or obscene representation of a child

Section 14 — Punishment:

• First offence: Minimum 5 years RI — may extend to 7 years + fine
• Second/subsequent: Minimum 7 years RI — may extend to 10 years + fine
• If combined with sexual assault of the child: Additional punishment for the sexual offence also applies

Section 15 — Storage of Child Pornographic Material (post-2019 Amendment):

• S.15(1): Fails to delete, destroy, or report CSAM to designated authority — fine (₹5,000 first offence; ₹10,000 subsequent)
• S.15(2): Transmits, displays, or distributes CSAM — 3 to 5 years imprisonment + fine
• S.15(3): Uses CSAM for commercial purposes — 3 to 7 years imprisonment + fine

---