Theme: Crimes & Violence

Theft of Computer-Related Data

Sometimes, your personal data stored on the computer may be stolen. This is also a form of theft.

Identity theft is the act when someone dishonestly steals and uses any unique identifying feature which belongs to you, such as your password, electronic signature, etc. For example, if someone steals your password and uses it to post a picture through your social media account. This is punishable with jail time of up to 3 years and a fine of Rs. 1 lakh.(( Section 66C, The Information Technology Act, 2000.))

Another theft of computer-related data refers to impersonation. Impersonation refers to when someone assumes a fake identity in order to deceive someone, by using some kind of a communication device. For example, if Ram pretends to be Sham online. This is punishable with jail time of up to 3 years and a fine of Rs. 1 lakh.(( Section 66D, The Information Technology Act, 2000.))

Complaining about Theft of Computer-Related Data

In case of theft of computer-related data, please see here to understand the processes involved.

Appeal against Ragging Complaints

Sometimes, it is possible that in the case of a ragging complaint, a student feels aggrieved or upset by the decision given by the Anti-Ragging Committee. In such a case, you can appeal against the decision given. For example, Ram punched Shyam because Shyam, being a junior, did not agree to perform a dance.  Shyam reported this incident to the Anti-Ragging Committee. The Committee decided to suspend Ram from the college for a month, and Ram felt aggrieved by it. In such a case, Ram can appeal against the decision of the Anti Ragging Committee.

Any student can appeal against any punishment given by the Anti-Ragging Committee. However, the authority you appeal to will depend on who makes the decision for the punishment. See below to find the right authority to appeal to.(( Section 9.1 (c), the UGC Regulations On Curbing The Menace Of Ragging In Higher Educational Institutions, 2009.)) It depends on whose decisions you are aggrieved by.

Appeal for Decision of a college affiliated with a University

If you are aggrieved by the decision of a college which is affiliated with a University, you must appeal to the Vice-Chancellor of the University. For example, if you study at Hansraj College, in Delhi, you must appeal to the Vice-Chancellor of Delhi University.

Appeal for Decision of a University

If you are aggrieved by the decision of a University, you must appeal to the University’s Chancellor.

Appeal for Decision of an Institution of National Importance 

If you are aggrieved by the decision of an institution which is of national importance you must appeal to the Chancellor/Chairman of that institution. For instance, some examples are the National Institute of Technology, All India Institute of Medical Sciences. You can find a list of institutions of national importance.(( https://www.education.gov.in/en/institutions-national-importance))

How do you seek medical treatment?

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

The medical process for the treatment of acid attack survivors is:

Step 1: First Steps and Immediate Treatment

The survivor should be rushed to the nearest hospital to receive immediate medical treatment. The treatment must be provided free of cost.(( Section 357C, Code of Criminal Procedure, 1973.)) First aid must be administered and the survivor needs to be stabilized. Legal action can be taken against any hospital that refuses to provide medical assistance to the survivor.(( Section 357C, Code of Criminal Procedure, 1973.))

Step 2: Medical Treatment of Survivor

Once the survivor has received primary treatment, they may then either be shifted to a specialized hospital for further treatment or treated in that same hospital, if they have the facilities to do so.

Step 3: Medical Certificate for Survivor

The hospital where the survivor is first treated should provide the individual with a certificate stating that the person is a survivor of an acid attack. This certificate may be used for treatment and reconstructive surgeries or any other state government or Union Territory schemes that the person may wish to avail of.(( Laxmi v. Union of India and Others, (2016) 3 SCC 669, order dated 10/4/2015 [37].))  Further, it must be attached to the application for claiming compensation under the Victims Compensation Scheme.

Blackmailing a Child and Sexual Harassment

Portfolio Keyphrase: Blackmailing a 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.]

If someone threatens a child or records((Section 11(v), The Protection of Children from Sexual Offences Act, 2012.)) any sexual act done to a child, then anyone including the parents can complain against them. Blackmailing a child is a punishable crime punishable under the law with jail time of three years and/or a fine.(( Section 12, The Protection of Children from Sexual Offences Act, 2012.))

For example, if Seema’s tuition teacher has sexually abused her, recorded a video of it and blackmails her parents for favours or money, then the parents should immediately complain to the police and other authorities who will take action.

Anyone can call the police  to report the blackmail and the sexual abuse itself. Under the law, instances of blackmailing are classified as a crime of sexual harassment.(( Section 11, The Protection of Children from Sexual Offences Act, 2012.))  The punishment is jail time of two years and/or a fine.(( Section 503 and 506 of the Indian Penal Code, 1860.))

Anonymous Threats and Blackmailing

If you get anonymous threats online or you are blackmailed online, you can file a complaint with the cyber cell. To file a complaint, it is not necessary to know who is responsible for the crime. You should try and tell the police whatever you know, but you don’t have to know all the details. The person threatening or blackmailing you may be punished with jail time up to seven years or a fine or both.(( Section 507, The Indian Penal Code, 1860; Section 503, The Indian Penal Code, 1860; Section 506, The Indian Penal Code, 1860.))

What are Sexual Favours or Demands?

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

If anyone asks for or demands any sexual favours from a person without their consent and despite their disinterest, then it is a crime. Under the law, only a man can be punished for the crime.(( The State of Maharashtra vs. Allha Abdul Rahim Mohd. and Ors IV (2018) CCR 61(Bom.)))

If the request or the demand is followed by someone physically hurting someone or using any kind of forceful behaviour, then there is a higher punishment for such actions. If the perpetrator’s behavior injures, creates fear or annoys a person and is done without their consent, then this means that the perpetrator is said to have used force on them.

For asking for sexual favours or making sexual demands the punishment is jail time up to three years and a fine.(( Section 354(1)(ii), Indian Penal Code, 1860.))

Place of Work 

If this happens to person at their place of work, then they not only have an option to go to the police, but can also file a complaint with the Internal Committee which is an internal mechanism in workplaces to deal with sexual harassment.(( The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.))

Online Harassment and Violence against LGBTQ+ Persons

Online abuse happens on various platforms on the internet – social media, chat forums, etc. When faced with online abuse, your first step should be to see what the policy of the platform where the abuse is happening, and what steps the platform recommends for you to stop it.

You can complain to social media forums or platforms regardless of your gender or your sexual orientation and you can complain against anyone, but this policy differs across platforms so you should read the complaint policy of the platform you are facing abuse on.

You may face situations where someone is trying to out your sexual orientation or gender identity without your permission. You can take immediate action by blocking or reporting them. If you are being harassed with calls or texts on your phone, you can block them on your phone itself.

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/trans-woman. If you are a man/trans-man, you will be able to file an FIR with the laws which punish those who hurt or injure you.

You can complain if the following happens to you:

Account Takeover

  • If your account has been taken over without your permission or someone has unauthorized access to your account.
  • If someone has stolen your identity online by using your password or your digital signature etc.
  • If someone is causing trouble for you online if they are impersonating or pretending to be you or someone else.

Violation of Privacy

Blackmail

  • If someone is blackmailing you online for money or favors.

Abusive Threats and Language

If someone is threatening to hurt you by giving physical threats against you online.

What are the Rights and Remedies for Victims against Domestic Violence?

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

Victims of domestic violence have certain rights under the domestic law as well as  remedies to protect themselves and their children. The Protection Officer, or a service provider, has a duty to inform you of these rights and remedies.

Rights under the law

You have a right to:

Remedies under the law

In addition to the rights that you have, you can also avail certain remedies from the Court. You can:

Receive monetary compensation for physical injuries, loss of property, etc.

Foeticide and Infanticide

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

Before 20 weeks

It is a crime to force a woman to abort her foetus, and for a woman to abort her foetus before 20 weeks without the doctor’s approval.

After 20 weeks

If anyone aborts a child after 20 weeks without permission of the Court, then they have committed a crime of foeticide. The Court only gives permission to conduct an abortion after 20 weeks in specific circumstances.

After birth

Killing or causing the death of a child after they are born is a crime known as infanticide, and punishable under the law.

The punishment for foeticide and infanticide is jail time up to 10 years and/or fine.(( Section 315, The Indian Penal Code, 1860.))

To know more about permitted abortions, please refer to our explainer on Abortion.