Theme: Crimes & Violence

No, if two adults of the same gender have consensual sex, it is not a crime under the law.

If you are being harassed or blackmailed on a dating site/platform, you can first block or report them, and approach the administrators of the specific site to report the abuse you are facing. If the administrators of the platform are not being responsive or the kind of harassment you are facing is severe and repetitive, then you can also file a complaint at the local police station or cyber cell only if you are a woman/transwoman. If you are a man/transman, you will be able to file an FIR with the laws which punish those who hurt or injure you. 

If you do not want to approach the police or you have been turned away by the police, you can approach the following institutions:

• National Human Rights Commission, which looks at matters concerning human rights violations, such as custody harassment, illegal detention, etc. As the NHRC is located in Delhi, you can approach the State Human Rights Commission situated in your state, and ask them for help. 
• National Commission for Women, which is a national level government organisation that works in the protection of women from violence such as sexual crimes, domestic violence, etc.

Once you have reported the crime by filing an FIR, the officer in charge must send the details of the FIR to the Magistrate (Court), who will take note of the case without any unnecessary delay, and proceed with the investigation. This is a mandatory step that the police have to follow, as it allows the Magistrate to take control of the investigation, and if necessary give appropriate directions to the police. There may be situations where the police may conduct a preliminary enquiry before approaching the Magistrate. Such details will also have to be given to the Magistrate with the report.

When the police are done with their investigation and have found enough evidence to proceed with a criminal case, they will note down the details of their findings and they will file a charge sheet with the Magistrate. However, after the investigation if they have not found anything proving the commission of a crime, they will suggest the closing of the case by filing a closure report to the Magistrate.

After you get arrested, this is what happens:

• You will be taken to the police station and you will be under police custody.
• Within 24 hours of your arrest, you will be taken to the nearest Magistrate (Court).

While approaching the police, you can primarily use two cases by the Supreme Court of India, which are:

• NALSA Judgment (National Legal Services Authority v. Union of India): This judgment declared transgender people are the ‘third gender’, with fundamental rights, and the right to self-identification of their gender as male, female or third-gender. 

Navtej Singh Johar & Ors. v. Union of India: This judgment decriminalised all consensual sex among adults in private, including homosexual sexual intercourse. 

It is a crime to lock you and restrain you inside your house for any reason. No one can forcibly confine you against your will as it violates your liberty and freedom of movement. Under the law, this is known as wrongful confinement, and anyone found guilty of doing this can face jail time up to one year and a fine of Rs. 1000. 

Your first step should be to reach out to government helplines, or an NGO, that can help you file a complaint with the police. You can file a complaint with the help of  Section 340/342 of the Indian Penal Code, 1860.