Theme: Crimes & Violence

Maintaining A List Of Gifts During Marriage

This post is also available in: हिन्दी (Hindi)

Giving gifts or presents by either the bride or groom at the wedding is not punishable when it has been done voluntarily.

Bride: When such presents are made by or on behalf of the bride or any person related to the bride, such presents should be of a customary nature. The value of the gifts should not be excessive. If it is excessive, and there is an element of coercion, it will be dowry. This will be decided based on the financial status of the person by whom, or on whose behalf, such presents are given.

Groom: The groom can give any type of present not restricted by custom.

It is necessary for both, the bride and groom, to make separate lists of the gifts they received at the time of the marriage from any person with the following details in it:

  • A brief description of the present
  • Approximate value of the present
  • Name of the person who gave the present
  • Relationship of the person giving the present to either the bride or the groom, as the case may be. This list may include all relatives who give gifts to the bride or bridegroom.

There is no punishment for not making this list. However, the law does prescribe that the list should be made. This is because it will be assumed that you have not taken dowry if you have made a list of presents received at the time of the marriage.

Theft while Traveling

It is an offence to steal from someone while they are traveling(( Section 378. Indian Penal Code, 1860.; Balakrishnan v. The State of Kerala)). For example, Ram is in an auto rickshaw, and Sham is on a bike, and Sham snatches away Ram’s bag – this will be considered as theft.

This is punishable with jail time of up to 3 years and/or a fine(( Section 379. Indian Penal Code, 1860. )). If you have experienced theft while traveling, read here to understand the steps/options you can take to complain.

What are the complaint forums/helplines?

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

If you are a survivor of acid attack, you can approach the following authorities:

Police

You can approach the police to make a complaint. You can get in touch with the police by dialing the helpline number 100. The police will record the information about the crime in the FIR (First Information Report).

National Commission for Women

The National Commission for Women (NCW) is a national-level government organization that is empowered to investigate complaints related to issues faced by women. The NCW will help you by:

  • Monitoring and expediting the investigations being led by the police.
  • Monitoring acid attack cases with regards to prosecution of the accused, providing medical relief to survivors and payment of compensation to survivors through the system. This is done through the use of the MIS system.(( MIS for Assistance to Victims of Acid Attack, National Commission for Women, accessed at http://ncwapps.nic.in/MISforAcidAttackVictims/MonitoringAuthority/default.aspx.))
  • Providing counselling or a hearing before the NCW. This is done to resolve disputes between the two parties.

You can get in touch with them by either calling the helpline number 1091, or sending an email to ncw@nic.in, or filing an online complaint. Further, you can also approach the State Commission of Women situated in your state, and ask them for help.

Sub-divisional Magistrate 

A person can also complain to the Sub-Divisional Magistrate (SDM) of the district as they have a responsibility to ensure the guidelines for acid attack are followed. These guidelines include information on sale of acid and role of shopkeepers while selling acid. They can also levy fines on shopkeepers breaching the rules laid down by the Supreme Court.(( Laxmi v. Union of India and Others, (2016) 3 SCC 669.))

National Helplines

Some national helplines that you can contact are:

National Emergency Number (medical too) 112
Women Helpline (All India)- Women in Distress 1091
Women Helpline Domestic Abuse 181
Police 100
National Commission for Women 011-26942369, 26944754
ChildLine India Foundation Helpline 1098
National Human Rights Commission 011- 23385368/ 9810298900

Sexual Abuse by Another Child

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

If a child above  7 years of age sexually harasses or sexually assaults another child , they can be considered an abuser and  punished under the Juvenile Justice (Care and Protection of Children) Act, 2015.(( Section 34, The Protection of Children from Sexual Offences Act, 2012.)) If the child is between 16 and 18 years, they can also be put on trial as an adult and charged for crimes under the Indian Penal Code, 1860.(( The Juvenile Justice (Care and Protection of Children) Act, 2015.))

The law assumes that any child under 7 years of age does not have the mental capacity to commit a crime(( Section 72, The Indian Penal Code, 1860.)) because the child cannot understand the consequences of their actions. Read more in our explainer “Children Accused of Crimes”.

Reporting Rape

Police

  1. If an offence of rape is committed, the first and most important thing to do is to report it to the police by filing a First Information Report (FIR).(( Section 154, Code of Criminal Procedure, 1973.)) Otherwise, call 1091 (Women’s Helpline Number) and report the rape. Even if someone does not report the crime right away, this does not mean that the delayed FIR will harm the case. It may become more difficult for the police to carry out the investigation and gather evidence, but it is possible to file an FIR at a later date as well.
  2. To file an FIR, visit the nearest police station. The police station does not necessarily have to be in the area where the crime has been committed. To locate the police station, download the ‘Indian Police at your Call’ app and locate the nearest police station. Otherwise, call 100.
  3. Approaching the police immediately after being assaulted can be very daunting for the survivor. However, the survivor doesn’t have to do this alone. The woman can take the help of a friend or approach a lawyer to assist her in filing a complaint. In fact, another person can file the FIR for the woman if she doesn’t want to approach the police by herself.(( Hallu and Others v. State of Madhya Pradesh, 1974 AIR 1936.)) If the survivor approaches the police with her complaint, the information is recorded only by a woman officer.(( Proviso to Section 154, Code of Criminal Procedure, 1973.))
  4. If the survivor is physically or mentally disabled, the police come and take her complaint from her residence or any other place where she feels comfortable.(( Proviso (a), Section 154, Code of Criminal Procedure, 1973.)) The survivor’s statement is recorded at her residence or in any place of her choice. As far as possible, the statement is recorded by a woman police officer in the presence of the survivor’s parents/guardian/near relatives/ social worker of the locality.(( Proviso to Section 157(1), Code of Criminal Procedure, 1973.))
  5. It is perfectly alright if the survivor does not remember specific details of the assault or even the attacker. It is enough if she tells the police as many details as she remembers.
  6. Once the police have read out the complaint, if all the details are correct, the complainant signs the FIR.(( Section 154(1), Code of Criminal Procedure, 1973.)) Any police officer who refuses to file the FIR or fails to record information of the offence is punishable with imprisonment for six months to two years, along with a fine.(( Section 166A(c), Indian Penal Code, 1860.))
  7. The complainant can get a copy of the FIR for free.(( Section 154(2), Code of Criminal Procedure, 1973.)) It is also possible to freely access the FIR online using the FIR number, date of FIR and the name of the police station.
  8. After the FIR has been registered, the contents of it cannot be changed. However, additional information can be given to the police later on at any point.

One Stop Centres

A survivor can also approach One Stop Centres, which provide an integrated range of services to women affected by violence. These services include medical aid, police assistance, legal aid/case management, psycho-social counseling and temporary support services.

Identity Theft

Identity theft refers to the act of someone dishonestly stealing and making use of your password, electronic signature, or other unique identification feature. For example, if your classmate steals your Instagram password, it is an instance of identity theft. 

Identity theft is punishable with jail time of up to three years and a fine of up to one  lakh rupees.1

  1. Section 66C, The Information Technology Act. [↩]

What is Stalking?

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

If a person repeatedly follows, contacts or monitors someone despite their disinterest or lack of consent, it is known as stalking. Stalking is a term used for numerous activities done by a person, which when taken together can disrupt the life of the survivor.(( Section 354D, Indian Penal Code, 1860.)) Under the law, only a man can be punished for the crime.

Stalking can happen in close proximity physically or over the phone or even online. The crime of stalking is:

  • Repetitive in nature and is consistent.(( State v. Sh. Abhimanyu, District Court, (Special Judge, CBI) Delhi (2018) CA No.18/15.)) 

For example, if a person sends love letters every day to someone, despite their disinterest.  

For example, if flowers are repeatedly sent to a person’s office by someone and this makes them the subject of ridicule at the office. 

  • It is an invasion of personal space.

For example, if someone is followed every day to their place of work.

  • Attempting to establish a relationship or personal contact with someone without their consent.

For example, if someone sends multiple WhatsApp messages hoping for a reply.

The punishment for online stalking is jail time up to three years along with a fine. For repeat offenders, the punishment is higher, i.e. up to five years jail time along with a fine.(( Section 354D, Indian Penal Code, 1860.))

Who (LGBTQ+) can File a Complaint

If you are facing harassment and violence, some of the laws you can use while filing a complaint are based on your gender identity.(( It is the intrinsic sense of being a male, female, transgender or trans sexual person.)) Since there are only three recognized categories(( Navtej and NALSA)) under the law which are ‘male’, ‘female’ and ‘third gender’ (transgender persons), the laws that apply to you also depend on which category you fall under.

It will be helpful for you if you know what laws can help you while filing an FIR. You can take the help of lawyers and NGOs so that you do not face harassment by police officers.

The question of whether or not you can file a complaint under the law will be dependent on the type of violence you have faced:

Sexual Violence

Sexual Violence may be of various kinds like rape or sexual crimes such as inappropriate touching, stalking etc. As per the law, you can only file a complaint with the police if you are a woman. Even though trans women, regardless of whether they have had a gender affirming surgery or not, have a right(( NALSA 55,112, Anamika v. Union of India, WP (CRL) 2537/2018.)) to file an FIR, if you face any trouble while registering your FIR, it is better to take the help of a lawyer to prevent any harassment or violence by the police. Men or trans men cannot be victims of sexual violence under the law, so the alternative for you is to file an FIR with the laws on physical violence as explained below.

Physical Violence

If you have been injured or hurt or someone has locked you up or physically prevents you from carrying on your day-to-day activities, then you can file an FIR against your harasser if you are a man, woman or transgender person. 

Psychological Violence

If someone threatens to hurt you, blackmails you for favors or money then you can file an FIR against your harasser if you are a man, woman or transgender person.

Online Violence

You can complain against any form of online harassment and violence which may be sexual, psychological or computer related crimes such as hacking, impersonation etc.  if you are a man, woman or transgender person.

How can you Get Help and Support against Domestic Violence?

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

While filing a domestic violence complaint, you might need additional support and help, which you can access by approaching the authorities listed below.

Support and Assistance

Protection Officer

You can also approach the Protection Officer of your district, who provide you with support, by helping you obtain free legal aid, make a shelter home available to you, if required, direct you to appropriate service providers, etc.

NGOs,Civil Society Organizations, Service Providers 

You can approach NGOs, civil society organizations or service providers to help you and provide you with support, such as providing legal aid, making you aware of your rights, getting you in touch with the concerned Protection Officer, etc. Depending on the organization, they may even provide you with shelter, employment opportunities and vocational training, counselling, etc. These services will likely be free of cost, depending on the type of organization you have approached.

Service providers also have the power to record a Domestic Incident Report themselves and forward it to the concerned Court or Protection Officer. They can also help you get a medical checkup, especially if you are injured and forward the medical report to the concerned Protection Officer or police station.

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.

Legal Assistance

Getting a Lawyer

You have the option of approaching a lawyer to help you navigate from the complaint stage to helping you go to Court.  If you cannot afford a lawyer, you can approach the District Legal Service Authority in your district for free legal aid. See here to understand the procedure for applying for free legal aid. If you are unsure as to how to find it, you can ask for help from the Protection Officer, NGOs, service providers, etc.