Sexual Penetration of a Child

Last updated on Oct 7, 2022

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

When a person inserts any object or any body part into any body part of a child, or forces the child to do this with someone, it is a crime of penetrative sexual assault. This includes(( Section 3, The Protection of Children from Sexual Offences Act, 2012.)):

  • Penetrating the vagina, mouth, urethra, or anus of any child with a penis, another body part, or an object.
  • Forcing a child to use their penis to penetrate another person or thing.
  • Performing oral sex on a child or forcing a child to perform oral sex on someone else.

The punishment for this is jail time of ten years to life imprisonment along with a fine.(( Section 4, The Protection of Children from Sexual Offences Act, 2012.))

If the child is above the age of 16 as is tried as an adult in court, then the punishment is higher and the child would be facing trial for the crime of rape.(( Section 376 (1), Indian Penal Code, 1860.)) If the offender is a person in a position of trust or authority, then the crime is known as Aggravated Penetrative Sexual Assault,(( Section 5, The Protection of Children from Sexual Offences Act, 2012.)) which has a higher degree of punishment.

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January 7, 2024

I want to know whether there is a possibility of children(male)who are both seven years old can perform sexual intercourse like adults,and whether the penetration can occur?

Alka Manral

May 30, 2024

Under the Protection of Children from Sexual Offences Act, 2000 (POCSO) a child (anyone below the age of 18 years) is incapable of granting consent to sexual intercourse. So, it will not be possible for children aged 7 years to perform consensual sexual intercourse like adults. Any person who assists or forces the children to engage in such intercourse will be committing a crime since they are abetting an offence under the POCSO. If you are aware or have an apprehension that such an act is taking place, it is mandatory under the law to report it to the police immediately. Penetration is a physical act and can occur irrespective of the age and gender of the individuals involved. POCSO has a wide conception of penetration and insertion of any object or body part into the sexual organs of a child will lead to penetration. It does not matter if the children are male or female.

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