Theme: Crimes & Violence

Sexually Touching a Child

Portfolio Keyphrase: What is Child Sexual Assault

Tags: Abuse, Violence, Crime, Children, Explainer

 

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

A person commits sexual assault on a child if they(( Section 7, The Protection of Children from Sexual Offences Act, 2012.)):

  • Touch a child with a sexual intent. This includes touching the child’s  vagina, penis, anus, breast etc.
  • Force a child to touch their own or anyone else’s vagina, penis, anus, breast, etc.

The punishment for this is jail time from three to five years to a life in prison along with a fine.(( Section 8, The Protection of Children from Sexual Offences Act, 2012.))

If the offender is in a position of trust or authority, then this is a higher degree of crime known as Aggravated Sexual Assault(( Section 9, The Protection of Children from Sexual Offences Act, 2012.)) which has a higher degree of punishment. Read more in our explainer “What is an aggravated crime of sexual abuse by an authority figure?”.

Consent of a minor

Sex with a girl who is below eighteen years of age (a minor) is considered as rape, even if the girl consents to have sex.(( Description 6, Section 375, Indian Penal Code, 1860.)) For example, if a man has sex with a seventeen year-old girl, it is considered as rape, even if the girl agrees to have sex.

Blocking Users on Phones

If you are being harassed by someone through calls and texts, you can block them on your phones following these steps:

Android Phones

Block Calls

To block calls on Android, go to call history and click on the contact for a few seconds. Tap on the option “Add to Blacklist” and all the calls from that number will be rejected.

Block Texts

To block SMS’s on Android, go to the SMS list and click on the SMS you want to block for 2-3 seconds and you will see the block option on the top right corner of the screen. You will continue to receive messages from that number but won’t be notified anymore and the conversation will be archived.

Apple iPhones

With iOS, you can block contacts and phone numbers on your device. You can also filter iMessages from unknown senders and report iMessages that look like spam or junk. See here for further details on the same.

What is Forceful Sexual Behaviour?

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

There are many forms of forceful sexual behaviour that a person might encounter. Some of them are:

Forcefully Removing Clothes 

Whenever someone forcefully removes or tries to remove a person’s clothes, it is a crime. Even if there is any intention(( Sunil Kumar Mishra and Ors. v. State of Orissa and Ors  119 (2015) CLT 396.)) or behaviour where a person thinks the perpetrator is going to or might remove their clothes by hurting them, it is a crime. For example, if someone forcefully tries to remove a person’s clothes in a secluded place, it is a crime.

This crime is commonly known as disrobing. Under the law, only a man can be punished for the crime.(( Sunil Mishra v. The State of Jharkhand  2016 (1) J.L.J.R.279.)) The punishment for forcefully removing someone’s clothes is jail time of minimum three year and maximum five years with a fine.(( Section 354B, Indian Penal Code, 1860.))

Rape 

Rape(( Section 375, Indian Penal Code, 1860.)) is a forceful act committed when the perpetrator penetrates their body parts into someone else or applies their mouth on someone else’s body parts.  Further details on this crime are available in our explainer on Rape. The punishment for rape is jail time anywhere between ten years to life imprisonment with a fine.(( Section 376, Indian Penal Code, 1860.)) If a person rapes a child below the age of 14, then they can be punished with death penalty.(( The Protection of Children from Sexual Offences (POCSO) Act, 2012.))

 

Marital rape is not an offence in India and a wife cannot file a complaint against her husband if he has raped her. However, a wife can file a complaint against him for domestic violence(( Protection of Women from Domestic Violence Act, 2005.)) and seek immediate protection for herself or her children. Further details are available in our explainer on Domestic Violence.

Hurting or Injuring LGBTQ+ Persons 

If you are subjected to any violence, where you are injured or hurt, you have a right to complain and file an FIR with the police regardless of your gender or your sexual orientation. You can complain against anyone, irrespective of their gender. You can go to the police station to use these gender-neutral laws:

Hurting Your Body

Injuring You

If someone injures you or they know that their actions would injure you then it is a crime under the law.

You will have to file an FIR with the help of Section 321/350 of the Indian Penal Code, 1860.

Specific Injuries

If someone intentionally hurts you and it results in injuries which are given below, it is a crime under the law. Some of these specific injuries are:

  • Emasculation.
  • Depriving you permanently of your eyesight or hearing of either ear.
  • Any damage to your joints or your body structure.
  • Permanent dis-figuration of your head or face.
  • Any fractures or dislocations of your bones or your teeth.
  • Any action that results in endangering your life or causes severe bodily pain whereby you are unable to function.
  • Using acid to hurt you and which results in the injuries given above (You will have to file an FIR with the help of Section 326B of the Indian Penal Code, 1860)

If you face any of the specific injuries given above, you will have to file an FIR with the help of Section 320/322 of the Indian Penal Code, 1860.

Using Dangerous Weapons

It is a crime to use dangerous weapons on you or use common objects or animals which can be used in a dangerous manner such as:

Dangerous Weapons

  • Objects to stab or cut you like knives, scissors etc.
  • Objects to shoot you like guns etc.
  • Using any explosive substances like firecrackers etc.
  • Objects which release fire or any heated object or substance like a torch blower etc.
  • Any poison, corrosive substance or material which is dangerous to in

Common Objects that can Become Weapons

  • Any home based product such as phenyl which you are forced to consume.
  • An object like a cigarette lighter that is used to hurt you.
  • Using an animal to hurt you, like making dogs attack you etc.

If you have been hurt or injured or such objects have resulted in death, you will have to file an FIR with the help of Section 324/326 of the Indian Penal Code, 1860.

Threatening to Hurt You

It is a crime to threaten you by making any gestures or making preparations to hurt you. You will have to file an FIR with the help of Section 350/351 of the Indian Penal Code, 1860.

For example, if someone waves a knife at you and threatens to hurt you, then they are making gestures at you which might injure you or cause you fear.

For example, if someone waits for you to leave your office so that they can hit you with sticks, then they are making preparations to hurt you.

What does the law prohibit?

The law prohibits the following activities:

Conducting sex selection

Nobody, including infertility specialists, can conduct sex selection on a woman or a man or on both, by using any tissue, embryo, conceptus, fluid or gametes derived from either or both of them.(( Section 3A, Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994.))

The law also prohibits anybody, including a relative or husband of a woman, from seeking or encouraging any sex selection procedures on either or both of them.(( Section 4(5), Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994.))

Conducting prenatal diagnostic procedures

No place, including a registered centre, can be used by any person for conducting prenatal diagnostic procedures or tests, except for certain permitted situations.(( Section 4(1),Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994.))

The law also prohibits anybody, including a relative or husband of the pregnant woman, from seeking or encouraging the conduct of any prenatal diagnostic procedures or tests on her, except for certain permitted situations.(( Section 4(4),Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994.))

Determining the sex of the foetus

Nobody, including a registered centre, can conduct any prenatal diagnostic procedures for determining the sex of a foetus.(( Section 6,Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994.))

If a sex determination procedure results in the abortion of a child, it would be a crime of foeticide.

To know more about the law on abortion, please read our explainer.

Communicating the sex of the foetus

Nobody can communicate the sex of the foetus to the pregnant woman, her relatives or any other person, by words, signs or in any other manner.(( Section 5(2), Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994.))

Selling machines for sex determination

Nobody can sell any ultrasound machine, imaging machine, scanner, or any other equipment that can detect the sex of a foetus to anyone not registered under the law.(( Section 3B, Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994.))

Advertising sex determination or sex selection facilities

Nobody can issue, publish, distribute or communicate anything online or offline about the availability of facilities of prenatal determination of sex, or sex selection, before conception.(( Section 22, Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994.))

Complaining about a Demand for Dowry

There is no time limit on when you can file a complaint under this law. You can file a complaint of dowry anytime after marriage. However, you cannot file a complaint after a divorce.

The practice of giving, taking, demanding and advertising dowry is illegal. In case you have had to pay dowry at the time of your wedding, or someone from your family has paid on your behalf, or you personally know of someone who has had to pay dowry as a condition for marriage, any of the following options are available to you:

  • Complaint at the local police station by filing an FIR.
  • Complain to the Dowry Prohibition Officer in your district.
  • Write to the appropriate judicial authority for your case (Metropolitan Magistrate or Judicial Magistrate First Class).
  • Another option is to approach any social welfare institution or recognized welfare organization recognized by the Government and process your complaint through them.

In case you have been coerced into paying dowry, you can still file a complaint against the offenders.

If you were forced to pay dowry and you complained to the police charges of the offence of dowry will not be brought against you.

Helping Someone Steal

If anyone helps someone steal, he will be punished with the same penalties as if he had done the act himself(( Section 109, Indian Penal Code, 1860.)).

However, if one is helping someone steal, and another act is done, he will be punished for the act done, as if he had the act himself(( Section 111, Indian Penal Code, 1860.)). For example, Ram decided to steal from Sita’s house, and Sham agreed to help him, and during the theft, Sita was murdered, Sham will be punished with penalty for murder as well, and theft(( Section 112, Indian Penal Code, 1860.)), if theft was also committed.