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Mar 6, 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
  • Stalking
  • Sexual assault

What law governs sexual assault?

Sexual assault against women is governed by Section 354 of the Indian Penal Code, 1860. 

What constitutes sexual assault?

If the following conditions are fulfilled, the perpetrator has committed sexual assault:

  • If they used force on the woman; and
  • If they can be shown to have an intent to outrage the modesty of the woman, or the knowledge of the same.

What is the punishment for sexual assault?

The punishment for sexual assault is jail time up to two years, or with a fine, or with both.

Can a person be assaulted by someone of the same sex?

The law does not recognise sexual assault on someone of the same sex. However, the survivor can file a case for physical violence. 

How can one file a complaint against sexual assault?

You can complain to the following authorities:

Police

  • Go to Police Station

You can file an FIR at any police station or the one nearest to where the crime happened. Anyone, including a friend or relative can also file an FIR on a survivor’s behalf. However, at the time of reporting, the survivor will have to give a statement which a female police officer will record in the FIR1.

  • Call 100 

By calling 100 you can seek immediate help from the police. If you are in trouble, a police unit will be sent to their location for further assistance.

Cyber Cells

By approaching the cyber cell of the Police, anyone can complain about online sexual harassment. For example, a complaint can be filed with the Delhi Cyber Crime unit online.

National Commission for Women

You  can approach the National Commission for Women (NCW) in any of the following ways :

  • Call 1091 
  1. Call 1091
  2. Describe the crime in detail
  3. Give the address and contact number  
  4. A police unit will then be sent to the address given, to assist the survivor with the steps that need to be taken. Any kind of violence against women including sexual offences and domestic violence can be reported to 1091.
  • Online

The National Commission for Women has an online complaint system known as Complaints Registration and Monitoring System where a survivor can fill in details and file a formal complaint. The following information has to be given:

  1. Details of the complainant (the person who is filing the complaint),
  2. Details of the survivor (woman who has faced the violence), 
  3. Details of respondent (perpetrator i.e. the person who commits sexual violence) and 
  4. Details such as:
  5. Particulars of the Incident
  6. Date and Time
  7. Place of incident

Email

A complaint with National Commission for Women can be filed by sending an email to complaintcell-ncw@nic.in with any details regarding the sexual assault such as the description of the person who commits sexual violence or the description of the incident.

Post/ Letter/ Messenger

A letter can be written to the National Commission for Women, to this address:

“National Commission for Women

Plot-21, Jasola Institutional Area, 

New Delhi- 110025”

A friend or relative can also file a complaint on a survivor’s behalf or can handover the letter to a friend or relative who in turn can deposit it in the above-mentioned address.

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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 […]
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