Theme: Crimes & Violence

Where can prenatal diagnostic procedures be conducted?

The law states that only Genetic Counselling Centres, Genetic Laboratories and Genetic Clinics (registered centres) that are registered under the law can conduct permitted prenatal diagnostic procedures. No one, including medical professionals can conduct prenatal diagnostic procedures in any place other than the registered centres.

These registered centres can only employ (on payment or on an honorary basis) people who meet these minimum requirements as set out in Rule 3 of the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Rules, 1996.(( Section 3, Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994.))

Ban on Advertising for Dowry

This post is also available in: हिन्दी (Hindi)

It is illegal to advertise dowry in any newspaper, periodical, journal or any other media, the offer of any money, share in a business or property as dowry in return for marrying your son, daughter or relative.

Anyone who prints, publishes or circulates such an advertisement is committing a crime will also be punished with the same punishment.

The punishment for both the person advertising and the person who prints or publishes the advertisement is jail time between 6 months and 5 years, or fine upto Rs. 15,000.

How do you file a complaint?

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

The legal process following an acid attack is:

Step 1: File an FIR

A First Information Report (“FIR”) can be filed in the police station against the accused. This FIR can either be filed by the survivor, their family members, any person who has witnessed the crime, or any person who comes to know of the crime.

Since acid attack and throwing/ attempting to throw acid are cognizable offences under S. 326A and 326B respectively of the IPC, the police may arrest the accused without a warrant, where the police are of the opinion that the person is dangerous to be allowed to remain free. The person filing an FIR also has the right to get a free copy of the FIR.

Step 2: Police Investigation Starts

After the filing of the FIR, the police will investigate the complaint and submit a final report based on the investigation and witness statements. This investigation should be completed within a time span of 60 to 90 days, when the accused is in custody.(( Section 167, Code of Criminal Procedure, 1973.))

Step 3: Filing Charge Sheet and Trial Begins

Upon investigation, if the police are of the opinion that there is sufficient evidence of the crime being committed by the accused, they can file a charge sheet with a competent criminal court, requesting it to take notice of the case. This commences the trial process. If there is inadequate evidence, a closure report can be filed with the Magistrate to close the case. However, this may be challenged. Please take the help of a lawyer in the relevant district court for the trial process.

Helping Someone Sexually Abuse a Child

Portfolio Keyphrase: Helping someone sexually abuse children

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 helps, protects, or intentionally encourages someone to sexually abuse a child, they become an abettor of child sexual abuse(( Section 16, The Protection of Children from Sexual Offences Act, 2012.)).

For example, if a person wants to shoot pornographic videos of a child and someone knowingly encourages them to go ahead with it, that person will be punished under the law for abetting child sexual abuse.

The abettor can be punished with jail time and fine for the actual crime committed(( Section 17, The Protection of Children from Sexual Offences Act, 2012.)).

Abuse of Position or Authority

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

If a man has control over a woman because of his job or position, and uses this control to make a woman have sex with him, it is a crime.(( Section 376C, Indian Penal Code, 1860.)) The law provides punishment for any person who abuses his position or fiduciary relationship (relationship of trust) to convince or seduce any woman to have sexual intercourse with him. The woman could be in his custody, under his charge or present in the premises. Here, sexual intercourse does not refer to rape, which is dealt with as a separate offence under Section 375 of the Indian Penal Code.

The person who persuades the woman to have sexual intercourse could be:

  1. a) in a position of authority or in a fiduciary relationship; or
  2. b) a public servant; or
  3. c) superintendent or manager of a jail, remand home, other place of custody, or a women’s or children’s institution; or
  4. d) on the management or staff of a hospital.

In these cases, the person in authority is punishable with imprisonment for five to ten years, along with a fine.

For example, if a male jail superintendent asks a female prisoner to have sex with him in return for supporting her release, and thus convinces her to have sex with him, he is abusing his positon. In this case, he has not forced himself on her and committed rape, but convinced her to have sex with him by using his position of power.

Physical Threats

Online threats of causing physical injury or harassment can be intimidating, and is considered a crime. For example, if someone messages you on Facebook that they will beat you up, it is considered a threat of physical injury. You can approach the relevant authorities, and file a complaint. 

In legal terms, this is called criminal intimidation, and it is punishable with jail time up to two years or a fine or both.1

  1. Section 506, The Indian Penal Code. [↩]

How do you Complain against Sexual Crimes?

 

Police

Go to Police Station

An FIR can be filed at any police station or the one nearest to where the crime happened. Anyone, including a friend or relative can also file an FIR on a survivor’s behalf. However, at the time of reporting, the survivor will have to give a statement which a female police officer will record in the FIR.(( Section 46(4) of The Code of Criminal Procedure, 1973.))

Call 100 

By calling 100 a survivor can seek immediate help from the police. If a survivor is in trouble, a police unit will be sent to their location for further assistance.

Cyber Cells

By approaching the cyber cell of the Police, anyone can complain about online sexual harassment. For example, a complaint can be filed with the Delhi Cyber Crime unit online.

National Commission for Women

A survivor can approach the National Commission for Women (NCW) in any of the following ways(( National Commission for Women, available at http://ncw.nic.in/.))  :

Call 1091 

  • Call 1091
  • Describe the crime in detail
  • Give the address and contact number

A police unit will then be sent to the address given, to assist the survivor with the steps that need to be taken. Any kind of violence against women including sexual offences and domestic violence can be reported to 1091.

Online

The National Commission for Women has an online complaint system known as Complaints Registration and Monitoring System where a survivor can fill in details and file a formal complaint. The following information has to be given:

  • Details of the complainant (the person who is filing the complaint),
  • Details of the survivor (woman who has faced the violence),
  • Details of respondent (perpetrator i.e. the person who commits sexual violence) and
  • Details such as:
    • Particulars of the Incident
    • Date and Time
    • Place of incident

Email

A complaint with National Commission for Women can be filed by sending an email to complaintcell-ncw@nic.in with any details regarding the sexual assault such as the description of the person who commits sexual violence or the description of the incident.

Post/ Letter/ Messenger

A letter can be written to the National Commission for Women, to this address:

National Commission for Women

    Plot-21, Jasola Institutional Area, 

    New Delhi- 110025

A friend/relative can also file a complaint on a survivor’s behalf or can handover the letter to a friend/relative who in turn can deposit it in the above-mentioned address.

Online Crime Reporting Portals

All the following ways given below can be used to report an online sexual crime. For example, if someone is stalking a person on Facebook or Instagram, then they can use any of the portals below to take an action.

Social Media Reporting

There are two ways through which a person can take action against the abuser. They can use either of the methods or both of them:

  • Block Abusers on Social Media
  • Report Abuse to the Administrators
  • File a complaint with the Cyber Cell

To explore more on online crime reporting, read our explainer on Reporting Online Abuse.

Sexual Harassment at the Workplace

If anyone is facing any sexual harassment at work and they want to stop the sexual harassment through employer action (for example, dismissal of the perpetrator), then they can file a complaint with the Internal Committee, which is a complaint mechanism available at all offices.(( The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.)) Every survivor or someone on their behalf also, has the option of going to the police as well to file a complaint.

Sexual Violence against LGBTQ+ Persons

If you are facing any sexual violence or you know someone who has, you should take the following steps:

  • Call helplines for immediate protection.
  • Complain at the nearest police station.

Sexual Violence

If you have faced any form of sexual violence which may include, rape, inappropriate touching, stalking etc, you can file an FIR with the police. You can file a complaint against anyone including a family member, teacher, etc.

If you are woman/trans woman

You have a right to file a complaint under the laws on sexual violence in India but only against a man. If you are a trans woman and the police refuse to file the FIR stating that you are not a ‘woman’ under the law, then read here to see what steps you can take.

If you are a man/trans man

You cannot file an FIR under the laws on sexual violence in India, since men/transmen cannot be victims of sexual violence. Your only alternative is to file an FIR with the help of the laws which punish those who hurt or injure you.

Sexual Violence at the Workplace

If the sexual harassment policy in your office is gender-neutral, then you can file a complaint regardless of your gender. If you want to stop the sexual harassment through employer action (for example dismissal of the harasser) then you can file a complaint with the Internal Complaints Committee (ICC), which is a complaint mechanism available at all offices. You have the option of going to the police as well.

The law on sexual harassment at the workplace identifies only women as victims who can approach the ICC or the police to file an FIR. If this is the policy in your organization, then these are the options you have:

  • As a man or a transgender man, you can take help from NGOs and a lawyer who will be able to file an FIR with the laws which punish those who hurt or injure you.
  • As a transgender woman, you have the right to file an FIR under the laws on sexual violence.

Online Sexual Violence

If you are facing any sexual harassment online, then click here to understand more.

What are the Domestic Violence Helplines?

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

You can also reach out to certain helplines that will help you file a complaint, locate the relevant Protection Officer, and provide additional help and support. The relevant governmental helplines are listed below.

Violence and Crimes

Police

If you are facing violence, you can call 100 to seek immediate help from the police. After describing your location, a police unit will be sent to you for further assistance.

National Commission for Women, Police Helpline: 

If you are facing violence, you can call and complain about it. These are the steps you should take:

Step 1: Call 1091

Step 2: Describe the crime in detail

Step 3: Give your location and contact number

The police will then be sent to your location to assist you and stop the harasser.

Missing Persons and Kidnapping

Missing Women and Children

This helpline helps track missing persons. You can take the following steps:

Step 1: Call 1094. 

Step 2: Provide them with the contact number of the missing person.

Step 3: A phone number search is done on ZIPNET (Zonal Integrated Police Network) where they will trace the location of the missing person and contact the police.

Step 4: If they cannot locate the missing person, they will reach out to the police station to continue the search on the ground level.

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 can you complain to about a breach of the law?

Courts can take cognizance of an offence under the law upon receiving a complaint from:

  • The Appropriate Authority for that State or Union Territory, or
  • An officer authorised by the Central or State Government or the relevant Appropriate Authority; or
  • Any person who has given at least 15 days’ notice in the given format to the Appropriate Authority, of the alleged offence and their intention to make a complaint to the court.(( Section 28(1), Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994.))

Some states like Delhi and Rajasthan have offered reward schemes for informants to report on breach of the law.