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The list of people given below are dealt with strictly under the law with regards to sexual crimes against children.
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 then known as Aggravated Sexual Assault and Aggravated Penetrative Sexual Assault respectively.
The people included in the list are1:
- Any person who is a government servant and holds authority because of his position within the institutional system of the government. Example: A police officer while on duty.
- Any person in a position of trust or authority of the child who interacts with the child. Example: A school teacher or a family member.
- Persons who commit sexual assault which is more gruesome in nature and calls for higher punishment. Example: Gang rape of a child.
- Repeat Offenders 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. But, if it is proven that the doctor sexually abused the child while conducting the examination, then he or she will be punished under the law.
The punishment for such an act is rigorous imprisonment for any time in between 10 years and life imprisonment along with fine3.0
- Section 5 & 9, The Protection of Children from Sexual Offences Act, 2012
- Section 5(e)(f) &9(e)(f), The Protection of Children from Sexual Offences Act, 2012
- Section 6 & 10, The Protection of Children from Sexual Offences Act, 2012