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Mar 5, 2022
Is revenge porn a crime in India?
Trigger Warning: This post contains information about sexual abuse which some readers may find disturbing.
The Allahabad High Court has denied bail to an accused, saying that knowledge of intimate images does not give them the permission to misuse the same, and that it is the role of the courts to protect the rights of the victims of such abuse.
What is revenge porn?
Image-based sexual abuse (IBSA), infamously known as “revenge porn”, refers to the posting of private sexual images on an online platform without the consent of the person photographed.
Is IBSA a crime in India?
While there is no specific direction for handling such matters, such an act falls under the purview of both the Indian Penal Code of 1860 and the Information Technology Act, 2000. It was first recognised in the case of State of West Bengal v. Boxi in 2018.
Is IBSA punishable?
Yes. Image-based sexual abuse is considered sexual harassment under section 354A of the Indian Penal Code, 1860. It additionally attracts provisions of privacy violation and publication of obscene material under sections 66E, 67 and 67A of the Information Technology Act, 2000.
Are any further legal steps being taken on IBSA?
A provision has been inserted in the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, for detecting the originator of information in messaging applications. This would be helpful in identifying the perpetrators and those who contributed to make the data go “viral”.
To know more about online abuse, read here.
Related Weekly Posts
March 05 2022
Is revenge porn a crime in India?
Trigger Warning: This post contains information about sexual abuse which some readers may find disturbing. The Allahabad High Court has denied bail to an accused, saying that knowledge of intimate images does not give them the permission to misuse the same, and that it is the role of the courts to protect the rights of […]
March 02 2022
Did you know that every school must have a complaint box to address child sexual abuse?
Trigger Warning: This post contains information about physical and sexual abuse which some readers may find disturbing. The Madras High Court has said that every school must keep a Complaint Box for survivors to complain about sexual assault freely, and the keys to the box must be under the control of the Secretary, District […]
March 06 2022
How does the law on child sexual abuse help child survivors?
The Madras High Court reversed a lower court pronouncement which acquitted a teacher who sexually assaulted a 4 year old child on the grounds of inconsistent evidence given by the child. The High Court held that a child cannot be expected to narrate the incident in an exact manner. Which law governs child sexual assault […]
February 24 2022
Preventing child exploitation online: Facebook adds new features
Trigger Warning: This post contains information on physical violence and sexual violence which some readers may find disturbing. Facebook has added new features to control harassment and exploitation of children on its platform, focusing on posts involving child nudity, sexual exploitation, inappropriate interactions with children and non-sexual child abuse. Facebook will send a safety […]
February 27 2022
What are the new Guidelines to protect children from sexual offences?
The Bombay High Court has issued guidelines for the effective implementation of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) which aims to protect children from offences of sexual assault, sexual harassment and pornography, and provides Special Courts for the trial of such offences. The Court held that the law gives […]
March 04 2022
What should you know about sexual harassment at the workplace?
The Madras High Court has said that personal feuds or mere misunderstandings with a superior cannot be the basis for a complaint of sexual harassment at the workplace. What is sexual harassment at the workplace? Sexual harassment at the workplace includes the following unwelcome acts or behavior (whether directly or indirectly): (i) physical […]
March 04 2022
How does Indian law punish rape?
Trigger Warning: This explainer contains information on physical violence and sexual violence which some readers may find disturbing. The Madhya Pradesh High Court has confirmed the death sentence as punishment for two men held guilty of gang raping an eight year old girl. Which law punishes rape in India? The law on […]
March 05 2022
Is marital rape a crime in India?
Trigger Warning: This post contains information about physical and sexual abuse which some readers may find disturbing. The Gujarat High Court acquitted a man accused of raping his wife who was a minor. It stated that non-interference in the matter would be a safer option for the wife. Which law punishes rape in India? The […]
February 26 2022
Special medical boards for abortion in rape cases: The need of the hour
Trigger Warning: This post contains information on physical violence and sexual violence which some readers may find disturbing. The Supreme Court has asked for the Government’s response on setting up special medical boards in all districts to handle abortions for rape survivors. The Court said that a pregnant survivor should know her legal rights […]
February 23 2022
The violence against women continues: How does Indian law punish Rape?
Trigger Warning: This explainer contains information on physical violence and sexual violence which some readers may find disturbing. An eight-year-old girl was thrown into a dry well after being allegedly raped and strangled to death by unidentified men in the Pratapgarh district of Rajasthan. The accused abducted the girl from her house while she […]
March 05 2022
What are rights of rape survivors in India?
Trigger Warning: This post contains information about physical and sexual abuse which some readers may find disturbing. The Madhya Pradesh High Court has issued a show-cause notice to a trial court for disclosing the name of a rape victim in its verdict. What is rape? Rape is the crime that occurs when a man has […]
February 26 2022
5 things the Supreme Court said about Police Reforms
The Supreme Court has said that its 2006 judgement of Prakash Singh v. Union of India, which dealt with police reforms, is used only periodically to suit the occasion, and the directions in the judgement have not been implemented seriously. In this context, let us look at the Supreme Court’s directions in the 2006 […]
March 05 2022
How does a Court decide whether to grant anticipatory bail?
The Supreme Court of India recently stated that the nature and gravity of an offence has to be considered while granting anticipatory bail. What is anticipatory bail? Anticipatory bail is a court order to release someone on bail, issued even before the person is arrested. When someone anticipates that they may be arrested for […]
February 26 2022
Did you know that filing a fake case could cost you almost a lakh in fines?
The Punjab & Haryana High Court imposed a fine of Rs. 1 Lakh on a woman who filed a fake rape case and asked the CBI to start a probe for the same. The Court said that such frivolous cases are not only an abuse of the process of law but also an attempt to […]
February 24 2022
Did you know: 65% of the death sentences imposed by courts in 2020 were for offences involving sexual violence
Trigger Warning: This post contains information on physical violence and sexual violence which some readers may find disturbing. This statistic comes from the fifth edition of the Death Penalty in India: Annual Statistics Report, published by Project 39A at National Law University, Delhi. The Report provides an update on all death penalty cases in […]
March 06 2022
Did you know: Intent is key in sexual assault cases
The Delhi High Court convicted three men of sexual assault and held that improper investigation was not a ground for diluting the prosecution’s case. Are there any crimes that particularly protect women? There are several offences which are only punishable when committed against women, such as: Acid attacks Sexual harassment at the workplace Voyeurism Rape […]
March 04 2022
Did you know: A High Court cannot set aside an FIR if there are serious accusations in the criminal complaint
The Supreme Court has confirmed that when there are serious triable allegations in a criminal complaint, a High Court should not use its power to set aside an FIR under Section 482 of the Code of Criminal Procedure, 1973. What should a High Court consider to set aside an FIR? High Courts have the […]
March 06 2022
Is abortion legal in India?
The Medical Termination of Pregnancy (Amendment) Rules, 2021 were notified by the Central Government which extended the period for getting a legal abortion from 20 to 24 weeks in certain cases. Which Indian law regulates abortions? The Medical Termination of Pregnancy Act, 1971, provides for the termination of certain pregnancies by authorised doctors with the […]
February 23 2022
What do you need to know about India’s law on Abortion?
The Kerala High Court has dismissed a couple’s plea to abort a 35-week-old foetus. The couple had requested the abortion for medical reasons because the foetus has serious developmental brain anomalies. Which Indian law regulates abortions? The Medical Termination of Pregnancy Act, 1971, provides for the termination of certain pregnancies by authorised doctors with […]
February 26 2022
When can High Courts set aside an FIR?
The Bombay High Court has refused to set aside a First Information Report (FIR) filed by a woman against her male colleague for sexual assault. The Court said that there should be strict implementation of Supreme Court’s Vishaka guidelines which protect women from sexual harassment at the workplace, and forcing female employees to withdraw their […]
March 02 2022
What is the Right to be Forgotten?
Roadies and Bigg Boss Winner, Ashutosh Kaushik, has approached the Delhi High Court seeking removal of articles on his past altercations from the internet. Further, very recently even the Madras High Court allowed a person to have his name redacted from orders to protect his right of privacy, thereby recognizing the ‘Right to be Forgotten’. […]