Theme: Crimes & Violence

Complaining Against Ragging

For ragging, you can complain to the college authorities, the national helpline or the police. Please note that another person can also complain on your behalf.(( Section 6.2 (g), the UGC Regulations On Curbing The Menace Of Ragging In Higher Educational Institutions, 2009.)) You can complain to the following authorities:

National Anti-Ragging Helpline

The University Grants Commission has set up(( https://www.ugc.ac.in/page/helpline.aspx)) a helpline number and email address that you can reach out to, in case you are being ragged. The helpline number is 1800 – 180 – 5522, and the email address is helpline@antiragging.in. 

Online Complaint 

The University Grants Commission has set up a web portal where you can lodge an online complaint. To lodge a complaint, go here, where you will be asked to give certain details, like your name, the college, the details of the incident, etc. Try to give as much detail as you can.  You can also track your complaint here by clicking on “Track Complaint”.

Anti-Ragging Squad 

You can lodge a complaint with your college’s Anti-Ragging Squad. The Squad will investigate(( Section 9.1 (a), the UGC Regulations On Curbing The Menace Of Ragging In Higher Educational Institutions, 2009.)) the complaint, determine the nature of the case and its severity, and give its recommendations to the Anti-Ragging Committee. The Committee will then punish the students responsible for ragging.(( Section 9.1, the UGC Regulations On Curbing The Menace Of Ragging In Higher Educational Institutions, 2009.))

Please note that you can also approach any member of the faculty or the Head of the college to complain about ragging as well.(( Section 9.3, the UGC Regulations On Curbing The Menace Of Ragging In Higher Educational Institutions, 2009.))

Police 

In case of a serious case of ragging, you can complain to the police, and file an FIR against the student(s) responsible for ragging you. In such a case, the police will investigate the matter, and take required steps to punish the students responsible for ragging.

Are the offences bailable or non-bailable/ cognizable?

The crime of throwing or helping someone throw acid, is both cognizable and non-bailable.((  Sections 326A and 326B, Indian Penal Code, 1860.))

A cognizable offence is a crime for which a police officer can arrest the perpetrator without a warrant.((  Section 2(c), Code of Criminal Procedure, 1973.))

Non-bailable offence is a crime for which bail is not a right and the discretion lies with the court to either grant it or not. To learn more about bail in non-bailable offences, you can read our explainer on Bail for Non-Bailable Offences.

Sexual Penetration of a Child

Portfolio Keyphrase: Physical Sexual Assault of child

Tags: Abuse, Violence, Crime, Children, Explainer

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

When a person inserts any object or any body part into any body part of a child, or forces the child to do this with someone, it is a crime of penetrative sexual assault. This includes(( Section 3, The Protection of Children from Sexual Offences Act, 2012.)):

  • Penetrating the vagina, mouth, urethra, or anus of any child with a penis, another body part, or an object.
  • Forcing a child to use their penis to penetrate another person or thing.
  • Performing oral sex on a child or forcing a child to perform oral sex on someone else.

The punishment for this is jail time of ten years to life imprisonment along with a fine.(( Section 4, The Protection of Children from Sexual Offences Act, 2012.))

If the child is above the age of 16 as is tried as an adult in court, then the punishment is higher and the child would be facing trial for the crime of rape.(( Section 376 (1), Indian Penal Code, 1860.)) If the offenderis a person in a position of trust or authority, then the crime is known as Aggravated Penetrative Sexual Assault,(( Section 5, The Protection of Children from Sexual Offences Act, 2012.)) which has a higher degree of punishment.

What is Gang Rape?

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

Gang rape refers to the rape of a woman by multiple people/a group of people acting together with the common intention to rape. In a case of gang rape, each person in the group is guilty of the crime.(( Section 376D, Indian Penal Code, 1860.))

The punishment for gang rape(( Section 376DA, Indian Penal Code, 1860.)) is imprisonment for twenty years to life imprisonment (imprisonment for the rest of the perpetrator’s life). If the survivor is below sixteen years, the punishment is life imprisonment for the rest of the perpetrator’s life. If the survivor is below twelve years, the perpetrators are punishable with death also.

Further, the perpetrators must pay a fine which is just and reasonable to meet the medical expenses and rehabilitation of the survivor. The fine is paid to the survivor.

Cyber Stalking

If any person monitors the following used by a woman, it amounts to cyber stalking:

  • Internet
  • Email
  • Any other form of electronic communication
  • Social media platforms

For example, if someone is contacting you on multiple social media platforms despite making it clear that you are not interested in interacting with this person, then this means that they are stalking you online.

Anyone who is stalking you, if convicted for the first time, can face jail time up to three years and a fine, and on the second conviction, jail time up to five years and a fine.(( Section 354D, The Indian Penal Code, 1860.))

What is an Inappropriate Sexual Touch?

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

If someone inappropriately touches a person with a sexual intention, it is a crime under the law. The touch may or may not be forceful, but the perpetrator will still be punished for their actions. Under the law, only a man can be punished for the crime.(( Section 354 and 354A(1)(i), Indian Penal Code, 1860.))

The sexual touch is inappropriate if it is with a sexual intention and without a person’s consent. Some examples are:

  • Making someone feel uncomfortable, scared or annoyed. For example, touching a person longer than needed.
  • Touching a person with the intention to sexually harass them.(( Ramkripal v. State of Madhya Pradesh, (2007) 11 SCC 265.)) For example, touching a person without their permission on any visible skin on a person’s body, be it under or over their clothes.
  • Causing any injury or harm to the person.(( Section 350, Indian Penal Code. [Commonly referred to as Criminal Force].)) For example, spanking a person(( Mrs. Rupan Deol Bajaj & Anr v. Kanwar Pal Singh Gill & Anr 1995 SCC (6) 194.)) or forcefully touching their body.(( State of Rajasthan v. Hetram, 1982 Cr LR ( Raj) 522, T Manikandan v. State of Delhi and Others CRL.REV.P. 404/2016 Order dated: 10.01.2017,  Digamber Harinkhede and Chhotu Alias Hanslal Harinkhede v. State of Madhya Pradesh.))

The punishment for inappropriately touching someone is a jail time of minimum one year and maximum five years with a fine.(( Section 354, Indian Penal Code, 1860.))

Locking Up LGBTQ+ Persons

If you are being obstructed from leaving a place or you are confined inside a particular area, for example, you are locked inside a room, then you are being detained illegally under the law.  This is known as wrongful confinement and anyone confining you may face jail time up to 1 year and/or a fine of Rs. 1000.

If your family forcibly confines you inside the house to prevent you from being with your partner, or out of anger for expressing your newly identified gender or sexual orientation, this is a crime under the law and no one can forcibly confine you against your will as it violates your liberty and freedom of movement.(( Shivani Bhat v State NCT of Delhi  223(2015)DLT391.))

Contact People to Help You

To get out of such a situation and to get immediate help, you can call:

  • Helplines who will send police officers or guide you on immediate steps to take.
  • NGOs who will be able to free you from such situations.
  • Close and trusted family and friends.

File a Complaint

You can approach the nearest police station regardless of your gender identity or sexual orientation and file an FIR against anyone who has locked you up or confined you wrongfully. You will have to file an FIR with the help of Section 340/342 of the Indian Penal Code, 1860.

Where can Domestic Violence Happen?

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

An act of domestic violence can happen anywhere. It need not always be confined to the house you are living in.(( Bipin v. Meera D.S. 2017 (1) RCR (Criminal) 479.)) Domestic violence can take place anywhere, like your place of employment or education, your child’s school, the marketplace, etc(( Section 18, The Protection of Women from Domestic Violence Act, 2005.)).

You can file a complaint and with the help of a lawyer, go to Court to file a case against your harasser, regardless of where the domestic violence has happened.

Some states provide handbooks for ASHA workers where you can find more information on forms on violence 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.

What are the offences and punishments under this law ?

Every offence under this law is cognizable, non-bailable and non-compoundable.(( Section 27, Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994.))

Offence Punishment
Violation of the law by any medical professional or any person who owns a registered centre, or is employed in or renders their professional or technical services at a registered centre. First offence – Jail time for up to 3 years, along with a fine of up to Rs. 10,000. Subsequent offences – Jail time for up to 5 years, along with a fine of up to Rs. 50,000.(( Section 23(1),Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994. Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994.))
For doctors and registered medical practitioners: Suspension of the registration until the case is disposed of and on conviction, removal of their name from the register for a period of five years for the first offence, and permanently for the subsequent offence.(( Section 23(2),Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994.)) First offence – Jail time for up to 3 years, along with a fine of up to Rs. 50,000. Subsequent offences – Jail time for up to 5 years, along with a fine of up to Rs. 1,00,000.(( Section 23(3),Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994.))
Any person seeking sex selection or prenatal diagnostic procedures and breaking the law (excluding pregnant women forced to undergo the procedure)(( Section 23(4),Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994.)) First offence – Jail time for up to 3 years, along with a fine of up to Rs. 50,000. Subsequent offences – Jail time for up to 5 years, along with a fine of up to Rs. 1,00,000.(( Section 23(3),Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994.))
Advertising sex determination or sex selection facilities Jail time for up to 3 years, along with a fine of up to Rs. 10,000.(( Section 22(3), Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994.))