|Penetrative sexual assault
||According to this act, a person commits “penetrative sexual assault” if he:
The punishment for such wrongdoing is incarceration (means imprisonment) up to 7 years and a fine. As per the bill, the minimum imprisonment for 7 years can be increase up to 10 years. If a person commits penetrative sexual assault on a child below 16 years of age, he will be punishable with incarceration between 20 years to life along with a fine.
- enters his penis into the vagina, urethra, anus, or mouth of a child, or
- makes a child do the same, or
- penetrate or inserts any other object into the child’s body,
- applies his mouth to the body parts of the child
|Aggravated penetrative sexual assault
The Act states certain action as “aggravated penetrative sexual assault”. These involve cases when a member of the armed forces, a police officer, or a public servant commits such crime. Also, it covers cases where the evil - doer or offender is a relative of the child or if the child becomes pregnant or the assault harm the sexual organs of the child, among others. The bill attaches two more grounds to the definition of aggravated penetrative sexual assault.|
- sexual assault committed during a natural calamity, or in any similar situations of violence .
- assault resulting in death of a child,
|Aggravated sexual assault
Under this bill, “sexual assault” involves actions where a person touches the penis, vagina, breast or anus of a child with sexual intention without penetration. “Aggravated Sexual assault” contains cases where the wrongdoer is in relation with the child or if the assault harm the sexual organs of the child. There are two more offences to the definition of serious sexual assault such as-
- administrating or help in administering any chemical substance or hormone, to a child for the intention of getting early sexual maturity.
- assault committed during a natural catastrophe,
As per the act, if any person uses a child in any kind of media for the purpose of sexual gratification then person will be a guilty of using a child for pornographic purposes. Further, the Act also penalises persons who use children for obscene or pornographic purposes resulting in sexual assault. The Bill explains child pornography as any visual depiction of sexually explicit content or conduct involving a child including video, photograph, digital or computer-generated image similar to an actual child. In addition, the Bill enhances the penalty or punishments for some offences as shown in Table below.