Sexual Abuse By An Authority Figure

Last updated on Apr 8, 2022

Portfolio Keyphrase: Aggravated sexual abuse by authority figure

Tags: Abuse, Violence, Crime, Children, Explainer, Family, Parents

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

The persons given below are punished strictly under the law on sexual crimes against children.

The people included in the list are1:

  • Any person who is a government servant and holds authority because of their position within the institutional system of the government. For example, a police officer while on duty.
  • Any person in a position of trust or authority of the child who interacts with the child. For example, a school teacher or a family member.
  • Persons who commit sexual assault which is more gruesome in nature and calls for higher punishment. For example, gang rape of a child.
  • Repeat Offenders. For example, someone who has already been convicted for child sexual abuse.
  • Teachers, medical professionals, caregivers, staff, and management of any educational, religious, or medical institution can be punished for abusing their power and sexually abusing a child2. This law will not punish a doctor who is performing a medical examination of a child with the permission of the child’s parents. However,if it is proved that the doctor sexually abused the child while conducting the examination, then they will be punished under the law.

When these people commit crimes such as sexual assault or penetrative sexual assault, they will be given higher punishment for committing the same crimes. The crimes are considered as aggravated sexual assault and aggravated penetrative sexual assault respectively.

The punishment is rigorous imprisonment for any time in between 5 years and life imprisonment along with fine3.

  1. Section 5 & 9, The Protection of Children from Sexual Offences Act, 2012.[]
  2. Section 5(e)(f) &9(e)(f), The Protection of Children from Sexual Offences Act, 2012.[]
  3. Section 6 & 10, The Protection of Children from Sexual Offences Act, 2012.[]

Leave a Reply

Your email address will not be published. Required fields are marked *

Have a question you want to ask our legal experts?

Related Resources

Child-Friendly Court Process

There are Special Courts set up to deal with child sexual abuse because of the sensitivity of the issue. Unlike normal Courts, these Courts are supposed to follow a special procedure to make sure that the child feels safe and comfortable.
Crimes and Violence

Types of Child Sexual Abuse

Indian law classifies the types of child sexual abuse into different types of crimes, regardless of the child’s gender .
Crimes and Violence

Recording a Child’s Statement on Sexual Abuse

While recording a child’s statement on the abuse, the police should follow the rules laid down in law, mentioned herein.
Crimes and Violence

Reporting Child Sexual Abuse

If you are aware of any incident and are reasonably certain that a child is a victim of any form of sexual abuse please use any of the ways mentioned herein to contact an authority to help the child out.
Crimes and Violence

Procedure for Adoption by Relative (Non-Religious Law)

As a relative of a child, following the non-religious law to adopt, you can adopt both within India and also do inter-country adoptions.

Child Sexual Abuse By A Family Member

When a child is sexually abused by a family member, they face a more severe punishment than someone who is not a family member since they are in a position of authority and trust to the child.
Crimes and Violence