Theme: Crimes & Violence

Reporting Child Sexual Abuse

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

If you find out that child sexual abuse is taking place, you must report it to the police, who in turn must record your complaint in writing. If you don’t, you can be punished with jail time of 6 months or a fine.(( Section 19, The Protection of Children from Sexual Offences Act, 2012.)) If you are aware of any incident and are reasonably certain that a child is a victim of any form of sexual abuse please use any of the mentioned ways to contact an authority to help the child out. There are multiple ways to reach out to an authority that will help, so please use any way that suits you the most.

You can complain:

Online:

The government has an online complaint system where you can file your complaint. Your complaint will be filed to the National Commission for Protection of Child Rights.

Phone:

You can contact the following numbers:

  • National Commission for Protection of Child Rights- 9868235077
  • Childline India (Childline is a helpline for offences committed against children)- 1098

Email:

You can send an email to National Commission for Protection of Child Rights: pocsoebox-ncpcr@gov.in

Police:

Call 100 to contact the police about any information you have about any incident of child sexual abuse. Please read more about Police Complaint here.

Mobile App:

You can download the mobile app called the POCSO e-box (Android users only) and report the abuse directly through it.

Post/Letter/Messenger:

You can write to the National Commission for Protection of Child Rights with your complaint or send a messenger to this address:

NATIONAL COMMISSION FOR PROTECTION OF CHILD RIGHTS (NCPCR)

5th Floor,Chandralok Building 36, Janpath,

New Delhi-110001 India.

Don’t be worried about what will happen to the child once you complain. The child will be taken care of by the local police/Special Juvenile Police who will inform the Child Welfare Committee(( Section 4, The Protection of Children from Sexual Offences Rules, 2012.)) who will further appoint a Support Person to assist the child and the family of the child in the legal process that will follow after the complaint.

Rape Trial

The inquiry and trial of a rape offence is conducted in camera i.e., not open to the public. However, the judge may allow a person to access or observe the court trial if one of the parties makes an application for the same. As far as possible, the trial is conducted by a woman judge.(( Section 327(2), Code of Criminal Procedure, 1973.))

In certain cases of rape, where sexual intercourse is proved and the survivor says she did not consent, the court legally assumes that the survivor did not consent.(( Section 114A, Indian Evidence Act, 1872.)) Then, it is up to the accused person’s lawyer to prove, if possible, that the survivor actually consented.

The inquiry or trial is completed within two months from the date of filing the charge sheet.(( Proviso to Section 309(1), Code of Criminal Procedure, 1973.))

Personal Photos/Videos of You

If someone takes, distributes or publishes your personal photographs or videos without your permission, it is considered a crime. For example, if someone takes pictures of your private parts and publishes them on their Facebook account, they have committed the offence of violation of privacy(( Section 66E, The Information Technology Act.)).  The punishment can be jail time up to three years or a fine up to two lakh rupees or both.

It is also a crime to take, view, or circulate pictures of a woman engaging in private acts. It is known as voyeurism(( Section 354C, The Indian Penal Code.)), and is punishable with jail time of up to 3 years and a fine.

What is Cyber Stalking?

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

If a person persistently monitors or follows a person’s activity on the internet through email, social networks and instant messaging applications such as WhatsApp etc. it is a crime of cyberstalking.

Some of the common forms of cyber stalking are(( Kalandi Charan Lenka v. State of Orissa BLAPL No.7596 of 2016.)):

  • Persistent contact by someone on different modes of social media, for example, WhatsApp and Facebook.
  • Using social media to get all personal information and pictures of someone to use it against them.
  • Sending emails containing obscene images and videos, displaying nude or morphed pictures along with threats and abuses.
  • Posting obscene/nude pictures of someone on the internet or on a pornographic website.
  • Monitoring a person’s activity by accessing a computer’s webcam or a computer device.

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.))

Difficulties in filing the FIR by LGBTQ+ Persons

If the police officer refuses to file an FIR or harasses you because of your sexual orientation or gender identity, then you can take the steps below:

  • Write a written complaint to the Superintendent of Police (SP) in writing. The SP may conduct the investigation himself or order his subordinate police officers to carry it out.
  • Take the help of a lawyer while going to the police station. This is useful as lawyers will be able to advocate on your behalf and the possibility of harassment you may face from police officers will be less.
  • Go to another police station nearby to file the FIR. This is known as Zero FIR where an FIR can be filed at any police station and the police officers have to mandatory record the information provided, and then transfer it to the police station in whose area/jurisdiction the offense took place.
  • Request someone else to file the FIR on your behalf. You can give this person details of the violence/harassment that you have faced.
  • Approach the District/Judicial Magistrate directly to file a ‘private complaint’, but only after going to the police.

Approach other complaint forums like the National/State Human Rights Commission, National/State Women’s Commission who will not only assist you in approaching the police, but also look into the incident of violence/harassment themselves.

What is Counseling under Domestic Violence law?

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

Counseling refers to the provision of professional guidance by a counselor, who will help you and your harasser settle the matter of the domestic violence you have faced, furnish a guarantee that violence will not repeat, and come up with the best possible solution to the problem of domestic violence. The Court can pass an order to either the harasser or you to undergo counseling, either alone or together, with a service provider or a counselor appointed by the Court.

A counselor cannot be:

  • Any person who is connected to the case, or any person who is related to you or your harasser unless both you and the harasser consent to this(( Section 13(2)(i)(ii) and 13(3), The Protection of Women from Domestic Violence Act, 2005.)).
  • Any lawyer who has appeared for the harasser in the case.

If you are uncomfortable with the counselor for any reason, you can ask your lawyer to inform the Court who will look into the matter.

Role of the Counselor

A counselor’s role is to:

  • Set up a meeting either alone with you or together with the harasser at a place convenient for you and the harasser(( Section 14, The Protection of Women from Domestic Violence Act, 2005.)).
  • The Counselor has to conduct the counseling proceedings with the aim of making sure that the domestic violence does not repeat. The Counselor may take an undertaking(( Section 14,(6) The Protection of Women from Domestic Violence Act, 2005.)) from the harasser stating that he:
  • Will not commit any further domestic violence.
  • Will not try to meet or communicate in any manner through letter, telephone, electronic mail or through any medium except in the presence of the counselor in a manner allowed by a judge.
  • If you decide that you want to settle the matter and end the case, you can tell the Counselor, who will make an effort to come up with the best possible solution for everyone involved.

In the process of counseling, the harasser is not allowed to justify any reasons for subjecting you to domestic violence. After the counseling is over, the counselor has to submit the report regarding the counseling session(s) to the Court as soon as possible so that the Court can take further action, and set a date for hearing the case, within 2 months. If a settlement is not arrived at, the Counselor has to report the reasons to the Court.

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.

Guidelines for Arrests in Cruelty and Dowry Cases

To prevent arrests from frivolous cases and misuse of the law on cruelty and dowry cases, the Supreme Court of India has issued certain guidelines for the police to follow while investigating cases of cruelty. This was later issued as an advisory circular by the Ministry of Home Affairs.

Police

  • The police should not arrest the husband or the relatives automatically when a case of cruelty is filed.
  • They need to have satisfactory reasons for the arrest without a warrant.
  • All police officers need to be provided with a checklist containing specific procedures to be followed. Police should forward duly filled check list with reasons and materials which necessitated the arrest to Magistrate while producing the accused for further detention.
  • The decision of the police not to arrest a person accused of cruelty should be forwarded to the Magistrate within two weeks from the date of the filing of the case against the person.
  • Police officers who fail to comply with these directions will be liable for departmental action and will also be punished for contempt of court by the High Court.

Magistrate

  • The Magistrate must authorise the detention of the accused person only after he has read the reasons of the arrest in the police report and is satisfied that such reasons are valid.
  • If the concerned judicial magistrate authorises detention without recording reasons as mentioned above, they shall be liable for departmental action by the appropriate High Court.

Facing Violence during Theft

If someone uses violence, with the use of weapons or not, while stealing, the punishment is higher. Under the law, this is called robbery. The punishment for robbery is(( Section 392, Indian Penal Code, 1860)) jail time of up to 10 years and a fine.

When the thief voluntarily causes/attempts to cause death to you, restrains you,  hurts you, or causes you to fear any hurt, then this is a crime of robbery.

Even if the violence happens while committing the theft, in order to commit the theft, attempting to or carrying away stolen items, it is still a crime of robbery.

If you have faced a violence while theft, read here to understand the steps/options you can take to complain.

Recording a Child’s Statement on Sexual Abuse

Portfolio Keyphrase: Recording sexual abuse statement of child

Tags: Abuse, Violence, Crime, Children, Explainer, Courts, Police

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

While recording a child’s statement on the abuse, the police should do the following((  Section 24, The Protection of Children from Sexual Offences Act, 2012.)):

  • The child’s statement should preferably be recorded by a woman police officer not in uniform.
  • It should be recorded at the child’s home or any place they feel comfortable.
  • It should be recorded in the language spoken by the child.
  • It should be recorded in the presence of a trusted adult and/or an expert, interpreter, translator, or social worker.
  • The child’s medical examination should be done within 24 hours in the presence of the parents or a trusted adult.
  • Frequent breaks should be taken while the child is narrating the incident. The child shouldn’t be rushed while recording the statement.
  • The police should use audio or video recording devices, if available.
  • The police officer should read out the recorded statement to the child.
  • The child/parent should get a copy of the statement.

The Magistrate must do the following while recording a child’s statement((  Section 26, The Protection of Children from Sexual Offences Act, 2012.)):

  • The child’s statement must be recorded in the presence of the parents or any other person whom the child trusts.
  • The Magistrate can take the help of a translator or an interpreter while recording the child’s statement.
  • If the child has a mental or physical disability, the Magistrate can take the assistance of a special educator or any other expert.
  • The Magistrate can ensure that the statement of the child is recorded on camera.

Insulting Religion

If someone intentionally and with malice, says or writes something that insults your religion or religious beliefs, it is considered a crime under the law. For example, if someone insults your religion by calling it unpleasant names through a Facebook post.

These acts are punishable with jail time  of up to three years or a fine or both.(( Section 295A, The Indian Penal Code.))