Theme: Crimes & Violence

Cyber Safety

To be safe and free from abuse on the online platforms that we use in our day-to-day lives, you can follow the following tips based on the kind of user you are and the use of the online platform:

How is Invasion of Privacy a Sexual Crime?

[Trigger Warning: This explainer contains information on physical violence, sexual violence, abuse and slurs which some readers may find disturbing.]

Everyone has a right to privacy.(( Article 21, Constitution of India, 1950.)) This means that anyone can do anything, sexual or not, thinking that no one is watching them (provided that it shouldn’t be illegal). Under the law, only a man can be punished for the crime.

Being Watched by Someone

If a person tries to watch someone while they are doing any private act, which they would do only if they thought(( Section 354C, Indian Penal Code, 1860 [Commonly known as Voyeurism])) they were either completely alone or with a particular person they gave consent to, then it is a crime under the law. This crime is commonly known as voyeurism. Some examples are in cases where:

  • A person is being watched by someone when they are alone. For example, while they are using the toilet.(( State v. Shailesh, Delhi District Court, Criminal Appeal No.33/2016.))
  • Someone has illegally installed a camera in a person’s bedroom or hacked into their webcam to watch them in their private space.

Capturing Private Images 

If pictures, video or audio recordings of a person are without their permission, then it is a crime.

The punishment for capturing or watching someone without their knowledge or consent, is jail time of at least three years or a maximum of seven years along with a fine.(( Section 354C, Indian Penal Code, 1860 [Commonly known as Voyeurism].))

Distribution of Private Pictures and Videos(( Section 354C, Explanation II, Indian Penal Code, 1860; Section 67 of Information technology Act, 2000.)) 

No one can record or distribute private pictures or videos of a person, unless they give consent. For example, if a person gives consent to only recording a sexual act with their loved one but has not given permission to distribute it to other people, and that recording is distributed, then it is a crime.

The punishment for distribution of private pictures, images or audio is jail time of at least three years or a maximum of seven years along with a fine.1

  1. Section 354C, Indian Penal Code, 1860 [Commonly known as Voyeurism]. [↩]

Facing Harassment and Violence

You may face harassment or violence on the basis of:

  • Your gender identity where you are being targeted specifically for identifying differently than the gender assigned to you at birth. For example, anti-beggary laws are used very commonly used by the police to arrest and harass transgender persons.
  • Your sexual orientation where you are being targeted for your choice of partners or sexual preference. For example, a lot of queer persons may not be comfortable with being public about their sexual orientation and they may blackmailed for money in exchange for keeping this a secret.

If you face targeted harassment or violence, you have a right to complain and get protection from anyone, including a family member, teacher, etc. who is harassing or hurting you. For immediate protection, you can call government helplines who will advise you on steps to take and assist you by sending the police to your location.

The kinds of violence that can happen to you may be in the form of:

If you decide to go to the police station to file an FIR (First Information Report), it is important to be confident and prepared with the law before you go, since there may be situations where you may get harassed by the police officers themselves. For example, the police officers may refuse to listen to you because you are a transgender person, so it is important to know the law under which you are filing the complaint.

Are Live In Relationships covered under Domestic Violence law?

[Trigger Warning: The following content contains information on domestic violence which some readers may find disturbing.]

You are in a live-in-relationship if you cohabit, i.e.  share a house with your partner without marrying him or her. It is considered a domestic relationship between an unmarried adult woman and an unmarried adult male who live or, at any point of time lived together in a shared household(( Indra Sarma v. V.K.V. Sarma (2013) 15 SCC 755.)). Unlike a marriage, a live-in relationship is not legally regulated.. For example, you do not have to register the relationship, and  to end a live-in relationship, a divorce is not required, and you may end it in any manner you see fit.

A live-in relationships are considered valid under the law only if it is in the “nature of marriage” i.e. the relationship has some essential characteristics of a marriage, even if it is not legally recognized as a marriage. The courts, while pronouncing judgments on live-in relationships, compare them to marriages to  determine whether the relationship has the characteristics of a regular marriage(( Indra Sarma v. V.K.V. Sarma (2013) 15 SCC 755.)).

Courts, through various cases(( Revanasiddappa v. Mallikarjun (2011) 11 SCC 1.)), have laid down the conditions for live-in relationships to  be considered as relationships in the “nature of marriage”(( Badri Prasad v. Director of Consolidation  (1978) 3 SCC 527.)). These are:

Duration of the Relationship

You and your partner must have voluntarily cohabited for a significant period of time, like months or years in a shared household. A few weeks,a weekend or a one night stand,  does not count as a live-in relationship.

Socialisation in Public

You and your partner should be socialising publicly with friends, relatives and others, as if you and your partner are husband and wife .

Age and Marital Status 

You and your partner should be able to qualify to enter into marriage i.e.neither  of you should have a spouse at the time of entering into the relationship, and both of you should be above the legally valid age of marriage i.e. 18 years.

Sexual Relationship

You and your partner must have a sexual relationship that includes emotional and intimate support2.

Financial Arrangement 

You and your partner have a financial arrangement similar to that of a husband and wife. For example, you have pooled in your resources together or financially support each other, such as through shared bank accounts, assets in joint names, long term business investments, etc.

Domestic Arrangement

If one of you, especially the woman, is entrusted with the responsibility to run the household and do domestic work – cleaning, cooking, upkeep of the house, etc. then this is a domestic arrangement similar to a marriage.

Intention and conduct of the parties

Common intention of the parties as to what their relationship is and their respective roles and responsibilities, primarily determines the nature of that relationship.

Children

Having children is a strong indication that the nature of the relationship is similar to that of a marriage, and that the participants have a long-term orientation towards the relationship.

If the criteria given above are not met, then your relationship will not be a live-in relationship recognized by Courts.

Some states provide handbooks for ASHA workers where you can find more information on forms on violence, where it can happen and how to file a complaint to seek protection against domestic violence. For example, see this handbook published for ASHA in Chattisgarh, Delhi, Jharkhand, Madhya Pradesh and Uttarakhand.

Who does the law apply to?

This law prohibits anyone from doing or allowing any sex selection procedures.(( Section 6, Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994.))  It regulates every person who could be involved in the process of sex selection, including:

  • The pregnant woman;
  • Her husband;
  • Her relatives;
  • The doctor or medical professional conducting the prenatal diagnostic procedure; and
  • The hospital/medical facility/laboratory where the prenatal diagnostic procedure is conducted.

Exchange/Giving or Taking Dowry

This post is also available in: हिन्दी (Hindi)

Any person who:

  • gives or
  • takes dowry, and
  • anyone who helps in the exchange of dowry.

can be punished under the law.

For Example

Raj(groom) and Simran(bride) are getting married. Simran’s father, Amrish gives Rs. 10 lakh and a car as dowry to Raj’s father Anupam.

Scenario 1: When the broker is involved: If the exchange is facilitated through Yash, who is a broker, and Amrish files a complaint, then both Anupam and Yash can be punished under this law.

Scenario 2: When the groom is involved: If Raj is involved in the discussions of demanding dowry, then he will also be prosecuted if a complaint if filed.

Scenario 3: When the complaint is made by someone else: In case the complaint is made by someone else, or it comes to the knowledge of the authorities that an exchange of dowry has taken place, then all three parties i.e. Anupam, Yash and Amrish can be punished. If Raj was also involved in the discussions, then he can also be punished.

The punishment can be jail time for a minimum of 5 years. If the amount is below 15,000 then the fine will be Rs. 15,000. However, if the fine is more than Rs. 15,000 then the fine is equal to the amount of dowry exchanged. For example, if the dowry amount is 30,00,000, then the fine will be Rs. 30,00,000.

Theft of Personal Items

Sometimes, your personal items like your phone, expensive gadgets, bag, wallet, etc. might be stolen. This is a crime under the law(( Section 378, Indian Penal Code, 1860.)), and the thief can be punished with jail time of up to 3 years and/or a fine(( Section 379, Indian Penal Code, 1860.)).

Further, in case other factors are at play during the theft, such as a house break-in, then different punishments will apply.

If any of your personal items have been stolen, read here to understand the steps/options you can take to complain.

Anti-Ragging Authorities

To prevent ragging, every college and university must constitute the following authorities:(( Section 6.3, the UGC Regulations On Curbing The Menace Of Ragging In Higher Educational Institutions, 2009.))

Anti-Ragging Committee 

It is compulsory for every college to constitute an Anti-Ragging Committee, which is composed of the following members:(( Section 6.3 (a), the UGC Regulations On Curbing The Menace Of Ragging In Higher Educational Institutions, 2009.))

  • Head of the college
  • Representatives of the police
  • Local media
  • NGOs working for the youth
  • Parent representatives
  • Faculty representatives
  • Student representatives (both freshers and seniors)
  • Non-teaching staff

However, the duties of the Anti Ragging Committee are to:(( Section 6.3 (b), the UGC Regulations On Curbing The Menace Of Ragging In Higher Educational Institutions, 2009.))

  • Ensure that the college is complying with the law on ragging in India
  • Monitor the activities of the Anti-Ragging Squad
  • Receive recommendations from the Anti-Ragging Squad and take final action in incidents of ragging

Anti-Ragging Squad 

It is compulsory for every college to constitute an Anti Ragging Squad, which is(( Section 6.3 (c), the UGC Regulations On Curbing The Menace Of Ragging In Higher Educational Institutions, 2009.)) nominated by the head of the college, such as the Principal or the Dean. The squad has representatives from different members of the campus community, like teachers, student volunteers, etc. However, outside representatives like the police or media are not a part of this authority.

The duties of the Anti Ragging Squad are to:(( Section 6.3 (d)(e), the UGC Regulations On Curbing The Menace Of Ragging In Higher Educational Institutions, 2009.))

  • Conduct on-the-spot inquiry into any ragging incident. Anyone including the Head of the college, parents or guardians, members of the faculty, students, etc. can approach the Anti Ragging Squad to inform them about an incident or file a complaint.
  • Submit the inquiry report of a ragging incident and the recommendations to the Anti-Ragging Committee, who will then take action. For instance, the actions may include administrative punishments, like suspension or a complaint with the police.
  • Make surprise visits and inspections of any place where ragging is likely to take place, such as hostels.

Mentoring Cell

It is compulsory for every college to(( Section 6.3 (f), the UGC Regulations On Curbing The Menace Of Ragging In Higher Educational Institutions, 2009.)) constitute a Mentoring Cell at the end of every academic year. It is composed of students who have volunteered to be mentors for the new students joining the college or institution.

The duties of the Mentoring Cell are to provide support and mentor-ship to the freshers or new students. However, please note that as per law, one mentor can have six freshers, and each mentor of a more senior level will have six mentors under his guidance. For example, if Ram is a 2nd-year student who has six freshers to be mentored and Shyam is a 3rd-year student, Shyam will mentor Ram and five other such mentors.

Monitoring Cell on Ragging

It is compulsory for every University to constitute a Monitoring Cell on Ragging. Additionally, the duties of the Monitoring Cell on Ragging are to:(( Section 6.3 (g)(h), the UGC Regulations On Curbing The Menace Of Ragging In Higher Educational Institutions, 2009.))

  • Coordinate the activities of all the colleges affiliated with the University to prevent ragging. For example, a monitoring cell of Delhi University will coordinate activities of all the colleges associated with it.
  • Get reports from the Heads of colleges on activities of the Mentoring Cell, Anti-Ragging Squad and Anti-Ragging Committee.
  • Review the efforts of the colleges to publicize anti-ragging measures.
  • Get affidavits signed from parents and students to abstain from ragging and to get punished, in case they engage in ragging.
  • Initiate action for amending any by-laws or ordinances of the University to ensure implementation of anti-ragging measures.

Cruel and Degrading Atrocities against SC/ST

Any of the following crimes committed against members of SC/ST are referred to as atrocities in law.  The punishment for these acts is imprisonment between 6 months and 5 years, along with a fine.

  • Hurting or boycotting an SC/ST member
  • Force-feeding an SC/ST member with any disgusting substance that is not fit for humans to eat, such as cow dung, human excreta etc.
  • Dumping any disgusting substances (such as the bodies of dead animals, or excreta) inside or at the gate of a place where SC/ST members live, or in a neighbourhood of an SC/ST member, but only if it is done to insult or annoy her in some way.
  • Making an SC/ST member wear a garland of chappals, or making them walk around naked or semi-naked.
  • Forcing an SC/ST member to do anything which is insulting to the dignity of a human being, such as making them undress, forcing them to shave his head or his moustache or forcing them to paint his face.
  • Making an SC/ST member do bonded labour. The exception will be if the government makes some kind of public service compulsory – in that case, it will not be a crime.
  • Forcing an SC/ST member to carry or dispose of a human or animal dead body.
  • Forcing an SC/ST member to do manual scavenging, or employing an SC/ST member to do manual scavenging.
  • Insulting and humiliating an SC/ST member on purpose, if it is done in a place visible to the public.
  • Abusing an SC/ST member using her caste name if it is done in a place visible to the public.
  • Damage any object, such as a statue or picture of Dr Ambedkar, which is important to members of SCs/STs.
  • Say or publish anything that encourages hatred of SC/ST communities.
  • Say or write anything that insults any late person who is important to the SC/ST community, such as a leader.
  • Spoiling any water source that is usually used by SC/ST members.
  • Blocking an SC/ST member from a public place where she has a right to go.
  • Blocking an SC/ST member from:
    • Using any common public area or resource such as water bodies, taps, wells, cremation grounds etc.
    • Riding a horse or a vehicle or carrying out a procession.
    • Entering into a religious place or participating in a religious ceremony, that is open to the public.
    • Entering a public place like a school, hospital or cinema hall.
    • Carrying on any business or job.
  • Accusing an SC/ST member of practising witchcraft, and hurting them physically or mentally.
  • Making a threat, or actually excluding them socially or economically.

What are the rights a person has under this law?

[Trigger Warning: The following content contains information on physical violence which some readers may find disturbing.] 

Survivors of acid attacks have the following rights under the law:

Right to Seek Medical Treatment

A survivor of an acid attack has the right to seek medical treatment in both government and private hospitals. The Supreme Court issued guidelines for acid attack crimes where they said that:

  • No hospital or clinic can refuse to treat acid attack survivors citing the lack of specialized facilities.(( Laxmi v. Union of India and Others, (2016) 3 SCC 669, order dated 10/4/2015 [34], [35].))
  • Government and private hospitals have to provide survivors with first-aid and medical treatment free of cost.(( Laxmi v. Union of India and Others, (2016) 3 SCC 669, order dated 10/4/2015 [34], [35].))

The court has placed the responsibility for the treatment and rehabilitation of survivors on the state government.(( Parivartan Kendra v. Union of India and others, (2016) 3 SCC 571 [29].)) Additionally, it has expected states and union territories to take action against hospitals that refuse to treat acid attack survivors.(( Laxmi v. Union of India and Others, (2016) 3 SCC 669, order dated 10/4/2015 [34], [35].))

Right to File a Complaint 

Acid attack survivors also have the right to file a complaint against the perpetrator. The complaint can also be filed by the survivor’s relative, friend or acquaintance, any person who has witnessed the crime, or any person who comes to know of the crime. To see a list of other persons who can file the complaint, see here.

The complaint filed is known as a First Information Report (“FIR”). The FIR is a document that contains the information that a police officer fills out when she gets information on the commission of a cognizable offence. To learn how to file an FIR, you can read our explainer on ‘How to file an FIR’.

An FIR can be filed at any police station, regardless of whether it has jurisdiction over the commission of the crime or not. This information will then be transferred to a police station with the requisite jurisdiction. This concept is generally known as a zero FIR. To understand more about zero FIRs, you can read our explainer on ‘Where can FIR be Filed’.

Right to Compensation

Acid attack survivors have the right to seek compensation from the state government. The Victims Compensation Scheme(( Compensation Scheme for Women Victims/Survivors of Sexual Assault/other Crimes 2018, National Legal Services Authority, accessed at https://wcd.nic.in/sites/default/files/Final%20VC%20Sheme_0.pdf.)) that was drafted by the National Legal Services Authority, was approved by the Supreme Court in 2018. It provides for mandatory compensation for survivors of acid attacks as well as sexual crimes including sexual assault, murder, kidnapping etc. Apart from compensation under this scheme, the survivor receives the fine amount that the perpetrator pays for committing the crime which is charged by the Court.(( Section 357B, Code of Criminal Procedure, 1973.))

Various state governments have formed Victim Compensation Schemes for acid attack survivors. Keeping in mind that there is a lack of uniformity in the state schemes, and the amount of compensation specified in most of these schemes is too low, the Supreme Court stated that:

  • The minimum amount of Rupees 3 lakh must be provided by the state government to every survivor.(( Laxmi v. Union of India and Others, (2014) 4 SCC 427 [13], [14].)) This is the minimum amount, and the state government can provide a higher amount, where necessary.(( Parivartan Kendra v. Union of India and others, (2016) 3 SCC 571 [20], [21].))
  • Any compensation amount must factor in not only the survivor’s physical injuries but also their inability to lead a full life.(( Parivartan Kendra v. Union of India and others, (2016) 3 SCC 571 [20], [21].))
  • The Chief Secretary/ Administrator of the state/UT concerned must ensure that this amount is paid.(( Laxmi v. Union of India and Others, (2014) 4 SCC 427 [14].))

To learn more on information on schemes in different states for survivors of violence, contact details of one-stop centres, protection officers and helpline numbers, check out the Nyaaya Map on Key Information for Survivors of Violence.

Given below are the list of State Victim Compensation Schemes in India:

State Name of the Scheme
Arunachal Pradesh Arunachal Pradesh Victim Compensation Scheme, 2011
Assam Assam Victim Compensation Scheme, 2012
Bihar Bihar Victim Compensation Scheme, 2011
Chattisgarh Chattisgarh Victim Compensation Scheme, 2011
Chandigarh Chandigarh Victim Assistance Scheme, 2012
Dadra and Nagar Haveli Dadra and Nagar Haveli Victim Assistance Scheme, 2012
Daman and Diu Daman and Diu Victim Assistance Scheme, 2012
Delhi Delhi Victim Compensation Scheme, 2015
Goa Goa Victim Compensation Scheme, 2012
Gujarat Gujarat Victim Compensation Scheme, 2013
Haryana Haryana Victim Compensation Scheme, 2013
Himachal Pradesh Himachal Pradesh (Victim of Crime) Compensation Scheme, 2012
Jammu and Kashmir Jammu and Kashmir Victim Compensation Scheme, 2013
Jharkhand Jharkhand Victim Compensation Scheme, 2012
Karnataka Karnataka Victim Compensation Scheme, 2011
Kerala Kerala Victim Compensation Scheme, 2014
Lakshadweep Lakshadweep Victim Assistance Scheme, 2012
Manipur Manipur Victim Compensation Scheme, 2011
Meghalaya Meghalaya Victim Compensation Scheme, 2014
Mizoram Mizoram Victims Compensation Scheme, 2011
Maharashtra Maharashtra Victim Compensation Scheme, 2014
Madhya Pradesh Madhya Pradesh Victim Compensation Scheme, 2015
Nagaland Nagaland Victim Compensation Scheme, 2012
Odisha Odisha Victim Compensation Scheme, 2012
Puducherry Puducherry Victim Assistance Scheme, 2012
Punjab Punjab Victim Compensation Scheme, 2017
Rajasthan Rajasthan Victim Compensation Scheme, 2011
Sikkim Sikkim Compensation to Victims or his Dependents Scheme, 2011
Tamil Nadu Tamil Nadu Victim Compensation Scheme for Women Victims/Survivors of Sexual Assault/other Crimes, 2018
Tripura Tripura Victim Compensation Scheme, 2012
Uttar Pradesh Uttar Pradesh Victim Compensation Scheme, 2014
Uttrakhand Uttarakhand Victim from Crime Assistance Scheme, 2013
West Bengal West Bengal Victim Compensation Scheme, 2012