Section 5

A person is said to commit 'aggravated penetrative sexual assault', if— (a) whoever, being a police officer, commits penetrative sexual assault on a child—(i) within the limits of the police station or premises to which such police officer is appointed; or (ii) in the premises of any station house whether or not situated in the police station to which such police officer is appointed; or (iii) in the course of his duties or otherwise; or (iv) where such police officer takes advantage of his official position to commit penetrative sexual assault on a child in his custody or under his charge or present in the premises; (b) whoever, being a member of the armed forces or security forces, commits penetrative sexual assault on a child—(i) within the limits of the area to which such person is deployed; or (ii) in any areas under the command of such forces or armed forces; or (iii) in the course of his duties or otherwise; or (iv) where such member takes advantage of his official position to commit penetrative sexual assault on a child in his custody or under his charge or present in the premises; (c) whoever, being a public servant, commits penetrative sexual assault on a child under his charge or present in the premises where he is posted; (d) whoever being on the management or on the staff of a jail, remand home, protection home, observation home, or other place of custody or care and protection established by or under any law for the time being in force, commits penetrative sexual assault on a child, being inmate of such jail, remand home, protection home, observation home or other place; (e) whoever, being on the management or staff of a hospital, whether government or private, commits penetrative sexual assault on a child in that hospital; (f) whoever, being on the management or staff of an educational institution or religious institution, commits penetrative sexual assault on a child in that institution; (g) whoever commits gang penetrative sexual assault on a child; (h) whoever commits penetrative sexual assault on a child using deadly weapons, fire, heated substance or corrosive substance; (i) whoever commits penetrative sexual assault on a child causing grievous hurt or causing the child to become pregnant; (j) whoever commits penetrative sexual assault on a child and attempts to murder the child; (k) whoever commits penetrative sexual assault on a child more than once or repeatedly; (l) whoever commits penetrative sexual assault on a child below twelve years; (m) whoever, being a relative of the child through blood or adoption or marriage or guardianship or in foster care or in a domestic relationship with a parent of the child or who is living in the same or shared household with the child, commits penetrative sexual assault on such child; (n) whoever, being in the ownership, management or staff of any institution providing services to the child, commits penetrative sexual assault on the child; (o) whoever, being in a position of trust or authority of a child, commits penetrative sexual assault on the child in an institution or home of the child or anywhere else; (p) whoever, commits penetrative sexual assault on a mentally ill or physically disabled child; (q) whoever commits penetrative sexual assault on a child and makes the child pregnant; (r) whoever commits penetrative sexual assault on a child, the result of which is that the child contracts a sexually transmitted disease or HIV; (s) whoever commits penetrative sexual assault and does not disclose their identity; (t) whoever being above eighteen years of age, commits penetrative sexual assault on a child; (u) whoever commits penetrative sexual assault on a child in the course of communal or sectarian violence; (v) whoever commits penetrative sexual assault on a child and knowing the child is pregnant; (w) whoever commits penetrative sexual assault on a child knowing that the child is mentally ill; (x) whoever commits penetrative sexual assault on a child and causes the child to become pregnant, knows the child is pregnant.