Theme: Crimes & Violence

Exchange/Giving or Taking Dowry

This post is also available in: हिन्दी (Hindi)

Any person who:

  • gives or
  • takes dowry, and
  • anyone who helps in the exchange of dowry.

can be punished under the law.

For Example

Raj(groom) and Simran(bride) are getting married. Simran’s father, Amrish gives Rs. 10 lakh and a car as dowry to Raj’s father Anupam.

Scenario 1: When the broker is involved: If the exchange is facilitated through Yash, who is a broker, and Amrish files a complaint, then both Anupam and Yash can be punished under this law.

Scenario 2: When the groom is involved: If Raj is involved in the discussions of demanding dowry, then he will also be prosecuted if a complaint if filed.

Scenario 3: When the complaint is made by someone else: In case the complaint is made by someone else, or it comes to the knowledge of the authorities that an exchange of dowry has taken place, then all three parties i.e. Anupam, Yash and Amrish can be punished. If Raj was also involved in the discussions, then he can also be punished.

The punishment can be jail time for a minimum of 5 years. If the amount is below 15,000 then the fine will be Rs. 15,000. However, if the fine is more than Rs. 15,000 then the fine is equal to the amount of dowry exchanged. For example, if the dowry amount is 30,00,000, then the fine will be Rs. 30,00,000.

Theft of Personal Items

Sometimes, your personal items like your phone, expensive gadgets, bag, wallet, etc. might be stolen. This is a crime under the law(( Section 378, Indian Penal Code, 1860.)), and the thief can be punished with jail time of up to 3 years and/or a fine(( Section 379, Indian Penal Code, 1860.)).

Further, in case other factors are at play during the theft, such as a house break-in, then different punishments will apply.

If any of your personal items have been stolen, read here to understand the steps/options you can take to complain.

Anti-Ragging Authorities

To prevent ragging, every college and university must constitute the following authorities:(( Section 6.3, the UGC Regulations On Curbing The Menace Of Ragging In Higher Educational Institutions, 2009.))

Anti-Ragging Committee 

It is compulsory for every college to constitute an Anti-Ragging Committee, which is composed of the following members:(( Section 6.3 (a), the UGC Regulations On Curbing The Menace Of Ragging In Higher Educational Institutions, 2009.))

  • Head of the college
  • Representatives of the police
  • Local media
  • NGOs working for the youth
  • Parent representatives
  • Faculty representatives
  • Student representatives (both freshers and seniors)
  • Non-teaching staff

However, the duties of the Anti Ragging Committee are to:(( Section 6.3 (b), the UGC Regulations On Curbing The Menace Of Ragging In Higher Educational Institutions, 2009.))

  • Ensure that the college is complying with the law on ragging in India
  • Monitor the activities of the Anti-Ragging Squad
  • Receive recommendations from the Anti-Ragging Squad and take final action in incidents of ragging

Anti-Ragging Squad 

It is compulsory for every college to constitute an Anti Ragging Squad, which is(( Section 6.3 (c), the UGC Regulations On Curbing The Menace Of Ragging In Higher Educational Institutions, 2009.)) nominated by the head of the college, such as the Principal or the Dean. The squad has representatives from different members of the campus community, like teachers, student volunteers, etc. However, outside representatives like the police or media are not a part of this authority.

The duties of the Anti Ragging Squad are to:(( Section 6.3 (d)(e), the UGC Regulations On Curbing The Menace Of Ragging In Higher Educational Institutions, 2009.))

  • Conduct on-the-spot inquiry into any ragging incident. Anyone including the Head of the college, parents or guardians, members of the faculty, students, etc. can approach the Anti Ragging Squad to inform them about an incident or file a complaint.
  • Submit the inquiry report of a ragging incident and the recommendations to the Anti-Ragging Committee, who will then take action. For instance, the actions may include administrative punishments, like suspension or a complaint with the police.
  • Make surprise visits and inspections of any place where ragging is likely to take place, such as hostels.

Mentoring Cell

It is compulsory for every college to(( Section 6.3 (f), the UGC Regulations On Curbing The Menace Of Ragging In Higher Educational Institutions, 2009.)) constitute a Mentoring Cell at the end of every academic year. It is composed of students who have volunteered to be mentors for the new students joining the college or institution.

The duties of the Mentoring Cell are to provide support and mentor-ship to the freshers or new students. However, please note that as per law, one mentor can have six freshers, and each mentor of a more senior level will have six mentors under his guidance. For example, if Ram is a 2nd-year student who has six freshers to be mentored and Shyam is a 3rd-year student, Shyam will mentor Ram and five other such mentors.

Monitoring Cell on Ragging

It is compulsory for every University to constitute a Monitoring Cell on Ragging. Additionally, the duties of the Monitoring Cell on Ragging are to:(( Section 6.3 (g)(h), the UGC Regulations On Curbing The Menace Of Ragging In Higher Educational Institutions, 2009.))

  • Coordinate the activities of all the colleges affiliated with the University to prevent ragging. For example, a monitoring cell of Delhi University will coordinate activities of all the colleges associated with it.
  • Get reports from the Heads of colleges on activities of the Mentoring Cell, Anti-Ragging Squad and Anti-Ragging Committee.
  • Review the efforts of the colleges to publicize anti-ragging measures.
  • Get affidavits signed from parents and students to abstain from ragging and to get punished, in case they engage in ragging.
  • Initiate action for amending any by-laws or ordinances of the University to ensure implementation of anti-ragging measures.

Cruel and Degrading Atrocities against SC/ST

Any of the following crimes committed against members of SC/ST are referred to as atrocities in law.  The punishment for these acts is imprisonment between 6 months and 5 years, along with a fine.

  • Hurting or boycotting an SC/ST member
  • Force-feeding an SC/ST member with any disgusting substance that is not fit for humans to eat, such as cow dung, human excreta etc.
  • Dumping any disgusting substances (such as the bodies of dead animals, or excreta) inside or at the gate of a place where SC/ST members live, or in a neighbourhood of an SC/ST member, but only if it is done to insult or annoy her in some way.
  • Making an SC/ST member wear a garland of chappals, or making them walk around naked or semi-naked.
  • Forcing an SC/ST member to do anything which is insulting to the dignity of a human being, such as making them undress, forcing them to shave his head or his moustache or forcing them to paint his face.
  • Making an SC/ST member do bonded labour. The exception will be if the government makes some kind of public service compulsory – in that case, it will not be a crime.
  • Forcing an SC/ST member to carry or dispose of a human or animal dead body.
  • Forcing an SC/ST member to do manual scavenging, or employing an SC/ST member to do manual scavenging.
  • Insulting and humiliating an SC/ST member on purpose, if it is done in a place visible to the public.
  • Abusing an SC/ST member using her caste name if it is done in a place visible to the public.
  • Damage any object, such as a statue or picture of Dr Ambedkar, which is important to members of SCs/STs.
  • Say or publish anything that encourages hatred of SC/ST communities.
  • Say or write anything that insults any late person who is important to the SC/ST community, such as a leader.
  • Spoiling any water source that is usually used by SC/ST members.
  • Blocking an SC/ST member from a public place where she has a right to go.
  • Blocking an SC/ST member from:
    • Using any common public area or resource such as water bodies, taps, wells, cremation grounds etc.
    • Riding a horse or a vehicle or carrying out a procession.
    • Entering into a religious place or participating in a religious ceremony, that is open to the public.
    • Entering a public place like a school, hospital or cinema hall.
    • Carrying on any business or job.
  • Accusing an SC/ST member of practising witchcraft, and hurting them physically or mentally.
  • Making a threat, or actually excluding them socially or economically.

What are the rights a person has under this law?

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

Survivors of acid attacks have the following rights under the law:

Right to Seek Medical Treatment

A survivor of an acid attack has the right to seek medical treatment in both government and private hospitals. The Supreme Court issued guidelines for acid attack crimes where they said that:

  • No hospital or clinic can refuse to treat acid attack survivors citing the lack of specialized facilities.(( Laxmi v. Union of India and Others, (2016) 3 SCC 669, order dated 10/4/2015 [34], [35].))
  • Government and private hospitals have to provide survivors with first-aid and medical treatment free of cost.(( Laxmi v. Union of India and Others, (2016) 3 SCC 669, order dated 10/4/2015 [34], [35].))

The court has placed the responsibility for the treatment and rehabilitation of survivors on the state government.(( Parivartan Kendra v. Union of India and others, (2016) 3 SCC 571 [29].)) Additionally, it has expected states and union territories to take action against hospitals that refuse to treat acid attack survivors.(( Laxmi v. Union of India and Others, (2016) 3 SCC 669, order dated 10/4/2015 [34], [35].))

Right to File a Complaint 

Acid attack survivors also have the right to file a complaint against the perpetrator. The complaint can also be filed by the survivor’s relative, friend or acquaintance, any person who has witnessed the crime, or any person who comes to know of the crime. To see a list of other persons who can file the complaint, see here.

The complaint filed is known as a First Information Report (“FIR”). The FIR is a document that contains the information that a police officer fills out when she gets information on the commission of a cognizable offence. To learn how to file an FIR, you can read our explainer on ‘How to file an FIR’.

An FIR can be filed at any police station, regardless of whether it has jurisdiction over the commission of the crime or not. This information will then be transferred to a police station with the requisite jurisdiction. This concept is generally known as a zero FIR. To understand more about zero FIRs, you can read our explainer on ‘Where can FIR be Filed’.

Right to Compensation

Acid attack survivors have the right to seek compensation from the state government. The Victims Compensation Scheme(( Compensation Scheme for Women Victims/Survivors of Sexual Assault/other Crimes 2018, National Legal Services Authority, accessed at https://wcd.nic.in/sites/default/files/Final%20VC%20Sheme_0.pdf.)) that was drafted by the National Legal Services Authority, was approved by the Supreme Court in 2018. It provides for mandatory compensation for survivors of acid attacks as well as sexual crimes including sexual assault, murder, kidnapping etc. Apart from compensation under this scheme, the survivor receives the fine amount that the perpetrator pays for committing the crime which is charged by the Court.(( Section 357B, Code of Criminal Procedure, 1973.))

Various state governments have formed Victim Compensation Schemes for acid attack survivors. Keeping in mind that there is a lack of uniformity in the state schemes, and the amount of compensation specified in most of these schemes is too low, the Supreme Court stated that:

  • The minimum amount of Rupees 3 lakh must be provided by the state government to every survivor.(( Laxmi v. Union of India and Others, (2014) 4 SCC 427 [13], [14].)) This is the minimum amount, and the state government can provide a higher amount, where necessary.(( Parivartan Kendra v. Union of India and others, (2016) 3 SCC 571 [20], [21].))
  • Any compensation amount must factor in not only the survivor’s physical injuries but also their inability to lead a full life.(( Parivartan Kendra v. Union of India and others, (2016) 3 SCC 571 [20], [21].))
  • The Chief Secretary/ Administrator of the state/UT concerned must ensure that this amount is paid.(( Laxmi v. Union of India and Others, (2014) 4 SCC 427 [14].))

To learn more on information on schemes in different states for survivors of violence, contact details of one-stop centres, protection officers and helpline numbers, check out the Nyaaya Map on Key Information for Survivors of Violence.

Given below are the list of State Victim Compensation Schemes in India:

State Name of the Scheme
Arunachal Pradesh Arunachal Pradesh Victim Compensation Scheme, 2011
Assam Assam Victim Compensation Scheme, 2012
Bihar Bihar Victim Compensation Scheme, 2011
Chattisgarh Chattisgarh Victim Compensation Scheme, 2011
Chandigarh Chandigarh Victim Assistance Scheme, 2012
Dadra and Nagar Haveli Dadra and Nagar Haveli Victim Assistance Scheme, 2012
Daman and Diu Daman and Diu Victim Assistance Scheme, 2012
Delhi Delhi Victim Compensation Scheme, 2015
Goa Goa Victim Compensation Scheme, 2012
Gujarat Gujarat Victim Compensation Scheme, 2013
Haryana Haryana Victim Compensation Scheme, 2013
Himachal Pradesh Himachal Pradesh (Victim of Crime) Compensation Scheme, 2012
Jammu and Kashmir Jammu and Kashmir Victim Compensation Scheme, 2013
Jharkhand Jharkhand Victim Compensation Scheme, 2012
Karnataka Karnataka Victim Compensation Scheme, 2011
Kerala Kerala Victim Compensation Scheme, 2014
Lakshadweep Lakshadweep Victim Assistance Scheme, 2012
Manipur Manipur Victim Compensation Scheme, 2011
Meghalaya Meghalaya Victim Compensation Scheme, 2014
Mizoram Mizoram Victims Compensation Scheme, 2011
Maharashtra Maharashtra Victim Compensation Scheme, 2014
Madhya Pradesh Madhya Pradesh Victim Compensation Scheme, 2015
Nagaland Nagaland Victim Compensation Scheme, 2012
Odisha Odisha Victim Compensation Scheme, 2012
Puducherry Puducherry Victim Assistance Scheme, 2012
Punjab Punjab Victim Compensation Scheme, 2017
Rajasthan Rajasthan Victim Compensation Scheme, 2011
Sikkim Sikkim Compensation to Victims or his Dependents Scheme, 2011
Tamil Nadu Tamil Nadu Victim Compensation Scheme for Women Victims/Survivors of Sexual Assault/other Crimes, 2018
Tripura Tripura Victim Compensation Scheme, 2012
Uttar Pradesh Uttar Pradesh Victim Compensation Scheme, 2014
Uttrakhand Uttarakhand Victim from Crime Assistance Scheme, 2013
West Bengal West Bengal Victim Compensation Scheme, 2012

Sexually Touching a Child

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

A person commits sexual assault on a child if they(( Section 7, The Protection of Children from Sexual Offences Act, 2012.)):

  • Touch a child with a sexual intent. This includes touching the child’s  vagina, penis, anus, breast etc.
  • Force a child to touch their own or anyone else’s vagina, penis, anus, breast, etc.

The punishment for this is jail time from three to five years to a life in prison along with a fine.(( Section 8, The Protection of Children from Sexual Offences Act, 2012.))

If the offender is in a position of trust or authority, then this is a higher degree of crime known as Aggravated Sexual Assault(( Section 9, The Protection of Children from Sexual Offences Act, 2012.)) which has a higher degree of punishment. Read more in our explainer “What is an aggravated crime of sexual abuse by an authority figure?”.

Consent of a minor

Sex with a girl who is below eighteen years of age (a minor) is considered rape, even if the girl consents to have sex.

For example, if a man has sex with a seventeen-year-old girl, it is considered rape, even if the girl agrees to have sex.

Blocking Users on Phones

If you are being harassed by someone through calls and texts, you can block them on your phones following these steps:

Android Phones

Block Calls

To block calls on Android, go to call history and click on the contact for a few seconds. Tap on the option “Add to Blacklist” and all the calls from that number will be rejected.

Block Texts

To block SMS’s on Android, go to the SMS list and click on the SMS you want to block for 2-3 seconds and you will see the block option on the top right corner of the screen. You will continue to receive messages from that number but won’t be notified anymore and the conversation will be archived.

Apple iPhones

With iOS, you can block contacts and phone numbers on your device. You can also filter iMessages from unknown senders and report iMessages that look like spam or junk. See here for further details on the same.

What is Forceful Sexual Behaviour?

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

There are many forms of forceful sexual behaviour that a person might encounter. Some of them are:

Forcefully Removing Clothes 

Whenever someone forcefully removes or tries to remove a person’s clothes, it is a crime. Even if there is any intention(( Sunil Kumar Mishra and Ors. v. State of Orissa and Ors  119 (2015) CLT 396.)) or behaviour where a person thinks the perpetrator is going to or might remove their clothes by hurting them, it is a crime. For example, if someone forcefully tries to remove a person’s clothes in a secluded place, it is a crime.

This crime is commonly known as disrobing. Under the law, only a man can be punished for the crime.(( Sunil Mishra v. The State of Jharkhand  2016 (1) J.L.J.R.279.)) The punishment for forcefully removing someone’s clothes is jail time of minimum three year and maximum five years with a fine.(( Section 354B, Indian Penal Code, 1860.))

Rape 

Rape(( Section 375, Indian Penal Code, 1860.)) is a forceful act committed when the perpetrator penetrates their body parts into someone else or applies their mouth on someone else’s body parts.  Further details on this crime are available in our explainer on Rape. The punishment for rape is jail time anywhere between ten years to life imprisonment with a fine.(( Section 376, Indian Penal Code, 1860.)) If a person rapes a child below the age of 14, then they can be punished with death penalty.(( The Protection of Children from Sexual Offences (POCSO) Act, 2012.))

 

Marital rape is not an offence in India and a wife cannot file a complaint against her husband if he has raped her. However, a wife can file a complaint against him for domestic violence(( Protection of Women from Domestic Violence Act, 2005.)) and seek immediate protection for herself or her children. Further details are available in our explainer on Domestic Violence.

Hurting or Injuring LGBTQ+ Persons 

If you are subjected to any violence, where you are injured or hurt, you have a right to complain and file an FIR with the police regardless of your gender or your sexual orientation. You can complain against anyone, irrespective of their gender. You can go to the police station to use these gender-neutral laws:

Hurting Your Body

Injuring You

If someone injures you or they know that their actions would injure you then it is a crime under the law.

You will have to file an FIR with the help of Section 321/350 of the Indian Penal Code, 1860.

Specific Injuries

If someone intentionally hurts you and it results in injuries which are given below, it is a crime under the law. Some of these specific injuries are:

  • Emasculation.
  • Depriving you permanently of your eyesight or hearing of either ear.
  • Any damage to your joints or your body structure.
  • Permanent dis-figuration of your head or face.
  • Any fractures or dislocations of your bones or your teeth.
  • Any action that results in endangering your life or causes severe bodily pain whereby you are unable to function.
  • Using acid to hurt you and which results in the injuries given above (You will have to file an FIR with the help of Section 326B of the Indian Penal Code, 1860)

If you face any of the specific injuries given above, you will have to file an FIR with the help of Section 320/322 of the Indian Penal Code, 1860.

Using Dangerous Weapons

It is a crime to use dangerous weapons on you or use common objects or animals which can be used in a dangerous manner such as:

Dangerous Weapons

  • Objects to stab or cut you like knives, scissors etc.
  • Objects to shoot you like guns etc.
  • Using any explosive substances like firecrackers etc.
  • Objects which release fire or any heated object or substance like a torch blower etc.
  • Any poison, corrosive substance or material which is dangerous to in

Common Objects that can Become Weapons

  • Any home based product such as phenyl which you are forced to consume.
  • An object like a cigarette lighter that is used to hurt you.
  • Using an animal to hurt you, like making dogs attack you etc.

If you have been hurt or injured or such objects have resulted in death, you will have to file an FIR with the help of Section 324/326 of the Indian Penal Code, 1860.

Threatening to Hurt You

It is a crime to threaten you by making any gestures or making preparations to hurt you. You will have to file an FIR with the help of Section 350/351 of the Indian Penal Code, 1860.

For example, if someone waves a knife at you and threatens to hurt you, then they are making gestures at you which might injure you or cause you fear.

For example, if someone waits for you to leave your office so that they can hit you with sticks, then they are making preparations to hurt you.

What does the law prohibit?

The law prohibits the following activities:

Conducting sex selection

Nobody, including infertility specialists, can conduct sex selection on a woman or a man or on both, by using any tissue, embryo, conceptus, fluid or gametes derived from either or both of them.(( Section 3A, Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994.))

The law also prohibits anybody, including a relative or husband of a woman, from seeking or encouraging any sex selection procedures on either or both of them.(( Section 4(5), Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994.))

Conducting prenatal diagnostic procedures

No place, including a registered centre, can be used by any person for conducting prenatal diagnostic procedures or tests, except for certain permitted situations.(( Section 4(1),Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994.))

The law also prohibits anybody, including a relative or husband of the pregnant woman, from seeking or encouraging the conduct of any prenatal diagnostic procedures or tests on her, except for certain permitted situations.(( Section 4(4),Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994.))

Determining the sex of the foetus

Nobody, including a registered centre, can conduct any prenatal diagnostic procedures for determining the sex of a foetus.(( Section 6,Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994.))

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

To know more about the law on abortion, please read our explainer.

Communicating the sex of the foetus

Nobody can communicate the sex of the foetus to the pregnant woman, her relatives or any other person, by words, signs or in any other manner.(( Section 5(2), Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994.))

Selling machines for sex determination

Nobody can sell any ultrasound machine, imaging machine, scanner, or any other equipment that can detect the sex of a foetus to anyone not registered under the law.(( Section 3B, Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994.))

Advertising sex determination or sex selection facilities

Nobody can issue, publish, distribute or communicate anything online or offline about the availability of facilities of prenatal determination of sex, or sex selection, before conception.(( Section 22, Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994.))

Complaining about a Demand for Dowry

There is no time limit on when you can file a complaint under this law. You can file a complaint of dowry anytime after marriage. However, you cannot file a complaint after a divorce.

The practice of giving, taking, demanding and advertising dowry is illegal. In case you have had to pay dowry at the time of your wedding, or someone from your family has paid on your behalf, or you personally know of someone who has had to pay dowry as a condition for marriage, any of the following options are available to you:

  • Complaint at the local police station by filing an FIR.
  • Complain to the Dowry Prohibition Officer in your district.
  • Write to the appropriate judicial authority for your case (Metropolitan Magistrate or Judicial Magistrate First Class).
  • Another option is to approach any social welfare institution or recognized welfare organization recognized by the Government and process your complaint through them.

In case you have been coerced into paying dowry, you can still file a complaint against the offenders.

If you were forced to pay dowry and you complained to the police charges of the offence of dowry will not be brought against you.

Helping Someone Steal

If anyone helps someone steal, he will be punished with the same penalties as if he had done the act himself(( Section 109, Indian Penal Code, 1860.)).

However, if one is helping someone steal, and another act is done, he will be punished for the act done, as if he had the act himself(( Section 111, Indian Penal Code, 1860.)). For example, Ram decided to steal from Sita’s house, and Sham agreed to help him, and during the theft, Sita was murdered, Sham will be punished with penalty for murder as well, and theft(( Section 112, Indian Penal Code, 1860.)), if theft was also committed.

Duties of Institutions to Prevent Ragging

It is the duty of the college to prevent ragging. All colleges/universities must take all measures to eliminate ragging, both within and outside the campus. Under the law, no college or institution, including all sub-units, like departments, canteen, etc., can allow ragging in any way.(( Section 5, the UGC Regulations On Curbing The Menace Of Ragging In Higher Educational Institutions, 2009.))

All colleges/universities have to take steps to prevent ragging at different stages i.e. on the admission of students and on enrollment. 

Measures during Admission 

All colleges/universities must take the measures at the time of admission of students. Some of these are:(( Section 6.2, the UGC Regulations On Curbing The Menace Of Ragging In Higher Educational Institutions, 2009.))

  • Make a Public declaration (in any format – print, audiovisual, etc.) that ragging is completely prohibited in the college, and that anyone found ragging a student will be punished under the law.
  • Provide information on ragging in the brochure of admission/prospectus. This must have the UGC Regulations On Curbing The Menace Of Ragging In Higher Educational Institutions, 2009 (UGC Guidelines) printed, with contact information of all important functionaries, like the Head, Wardens of hostels, etc. Additionally, they have to provide the number of the anti-ragging helpline.
  • Provide an affidavit with the application form. These affidavits for students and parents must that state that the student and the parents have read and understood the UGC Guidelines, are aware that ragging is prohibited and that the applicant will not engage in any ragging, and will be liable for punishment, should he or she engage in any such behaviour. Additionally, signing affidavits while applying for hostels.
  • Provide a document that reports on the social behaviour of the applicant. Such a document should include any reported misconduct so that the college can monitor the student. This document must accompany the application form.
  • Discuss measures and steps to prevent ragging with hostel Wardens, representatives of students, parents, etc. The head of the college must convene such discussions.
  • Display prominently at various locations the punishment for ragging and the provisions of the UGC guidelines and any other law which is applicable.
  • Identify and keep a close watch on locations where ragging is likely to take place. Further, the Anti-Ragging Squad should inspect such places at odd hours during the first few months of the semester.

Measures during Enrollment/Registration

All colleges/universities must take certain measures at the time of enrolment/registration of students. Some of these are:(( Section 6.2, the UGC Regulations On Curbing The Menace Of Ragging In Higher Educational Institutions, 2009.))

Giving leaflets to new students in a college that specify:

  • Persons he can reach out to in case of ragging. This should include Anti-Ragging helpline number, contact information of persons like hostel wardens, the local police, etc.
  • The inductions and programs to enable new students to interact and integrate with the senior students.
  • Rights enjoyed as a student of that college.
  • Instructions that the student should not engage in and report any ragging, even if asked by the senior students.
  • A calendar with all the activities to facilitate familiarity of the freshers with the academic environment.

Students are encouraged to report ragging. For instance, if they are the victim or they complain on another student’s behalf,  their identity is protected, and there are no adverse consequences for reporting an incident.

The batch of freshers will be divided into smaller groups, and each group will have a teacher who will interact with them daily to understand if the students have problems.

Separating freshers from seniors in hostels. In situations where this is not possible, wardens/hostel security must monitor senior students’ access to junior students.

The Head of the college must send a letter to parents of first-year students, at the end of the academic year, to inform them about the law on ragging and the applicable punishments. Additionally, the letter must also ask parents to talk to their children on not engaging in any ragging behaviour.

General Measures

In addition to the measures specified above, each college must take some general measures. Some of these are:(( Section 6.4, the UGC Regulations On Curbing The Menace Of Ragging In Higher Educational Institutions, 2009.))

  • The college must constitute authorities i.e. Anti-Ragging Committee, Anti-Ragging Squad, Mentoring Cell and Monitoring Cell on Ragging.(( Section 6.3, the UGC Regulations On Curbing The Menace Of Ragging In Higher Educational Institutions, 2009.))
  • Each hostel must have a full-time Warden. The warden should have qualifications that include an ability to discipline, prevent ragging and communicate/counsel the students.
  • The Warden must be available at all hours, and must have a well-publicized telephone number, which will be provided by the college.
  • The college must take extensive measures to publicize against ragging by means of audio-visual aids, counseling sessions, workshops, etc.
  • The colleges/universities must allow unrestricted access to mobile phones, except in classrooms, the library, etc. This is to allow students to easily complain about ragging to the Anti-Ragging Squad.
  • Sensitization of all the faculty of the college, including non-teaching staff, on ragging.

What are the offences and punishments under this law?

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

The crimes relating to acid attacks have been specified under the Indian Penal Code, 1860 and the Code of Criminal Procedure, 1973. Anyone can be punished for the crimes given below regardless of their gender. They are:

Throwing acid or attempting to throw acid

Throwing acid on a person and hurting them is a crime. The punishment for throwing acid is jail time of minimum 10 years that can be extended to life imprisonment along with a fine that is reasonable enough to meet the medical expenses of the acid attack survivor.(( Section 326A, Indian Penal Code, 1860.))

Additionally, throwing or attempting to throw acid on a person is also a crime. The punishment is jail time of a minimum of 5 years and can be extended to 7 years, along with a fine.(( Section 326B, Indian Penal Code, 1860.))

Helping someone throw acid

Helping someone throw acid is also a crime. Helping someone commit a crime is known as abetment under the law. The punishment for abetment is the same as the punishment for throwing(( Section 326A, Indian Penal Code, 1860.)) or attempting to throw acid(( Section 326B, Indian Penal Code, 1860; Section 109, Indian Penal Code, 1860.)) on another person.

Refusing to treat or provide free immediate treatment to an acid attack survivor

An acid attack survivor has a right to medical treatment and a hospital refusing to provide such treatment is a crime under the law. A complaint can be filed before the police against a person who refuses to treat the survivor.(( Section 357C, Code of Criminal Procedure, 1973.))

Besides the specific acid attack crimes in the Indian Penal Code, 1860, other crimes can also be implicated or written in the FIR or charge sheet by the police in the case of acid attacks. These include murder,(( Section 325, Indian Penal Code, 1860.)) attempt to murder,(( Section 307, Indian Penal Code, 1860.)) hurting someone with dangerous weapons,(( Section 324, Indian Penal Code, 1860.)) and causing grievous hurt.(( Section 325, Indian Penal Code, 1860.))

Non-Physical Sexual Behaviour

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

Sexual harassment means non-physical sexual behaviour which is unwelcome to the child, such as(( Section 3, The Protection of Children from Sexual Offences Act, 2012.)):

Speaking and gesturing sexually

  • Speaking, gesturing, or showing sexual organs to  the child.
  • Showing a sexual object or any sexual body parts to a child.
  • Forcing or asking a child to show their body parts to someone else.

Stalking and threatening

  • Repeatedly or constantly following, watching, or contacting a child either directly or indirectly by phone, SMS, the internet, or any other form.
  • Threatening or lying to a child to involve them in a sexual act in any form of media.

Pornography- related

  • Showing pornography to a child.
  • Tempting or persuading a child to participate in pornographic acts.

Sexual harassment of a child is punishable with jail time up to three years along with a fine.(( Section 12, The Protection of Children from Sexual Offences Act, 2012.))

Punishment for Rape

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

The punishment for rape is imprisonment for ten years to life imprisonment, along with a fine.1

The Bharatiya Nyaya Sanhita (BNS) provides for two types of imprisonment: simple imprisonment and rigorous imprisonment. Rigorous imprisonment is a harsher punishment than simple imprisonment, involving hard labor, and is usually reserved for serious crimes.

The punishment is more severe in the following circumstances:

When the survivor is below sixteen years 

When the survivor is below sixteen years, the punishment is imprisonment for twenty years to life imprisonment (imprisonment for the rest of the person’s natural life), along with a fine.2
If the survivor is below twelve years old, the perpetrator can also be given the death penalty.3 The fine should be just and reasonable to meet the medical expenses and rehabilitation of the survivor and is paid to the survivor. 

When rape results in a woman’s death or vegetative state

If rape results in an injury that causes the death of the woman or puts her in a persistent vegetative state, the perpetrator is punishable with imprisonment for twenty years to life imprisonment (imprisonment for the rest of the person’s life), along with fine or with death.4

  1. Section 64(1), Bharatiya Nyaya Sanhita, 2023 [↩]
  2. Section 65(1), Bharatiya Nyaya Sanhita, 2023 [↩]
  3. Section 65(2), Bharatiya Nyaya Sanhita, 2023 [↩]
  4. Section 66, Bharatiya Nyaya Sanhita, 2023 [↩]

What are Sexual Remarks and Threats?

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

If anyone says anything sexual to or sexually threatens a person, it is a crime under the law. Currently, only a man can be punished for the crime.(( Section 354A(1)(iv), Indian Penal Code, 1860; Section 354A, Indian Penal Code, 1860.))

Some examples of sexual remarks are:

  • A remark or statement that feels sexual to a person.
  • An ordinary remark which isn’t exactly sexual in nature but has a sexual implication to it.(( Jishu Sengupta & Others v. The State of West Bengal & Anr, 2017 CriLJ 1531.)) For example, a metaphor or innuendo.

Sexual threats can be verbal, gestural or written.(( Section 354, Indian Penal Code, 1860.)) There is a higher punishment for such acts. A statement or behaviour is a sexual threat if:

  • It is sexual and is intended to scare, hurt or annoy a person.(( Section 350, Indian Penal Code, 1860.))
  • It is made to warn a person of an inappropriate touch or any forceful sexual act which is about to happen.(( Section 350, Indian Penal Code, 1860.))

The punishment for making sexual threats or remarks is jail time of minimum one year and maximum five years along with a fine.(( Section 354, Indian Penal Code, 1860.))

Blackmailing LGBTQ+ Persons

If anybody threatens to out your identity or sexual orientation and asks for money or anything of value to maintain their silence, they are committing a crime of extortion.(( Section 383, Indian Penal Code, 1908.)) Even the threat of injuring you in this process would amount to the crime of extortion. For example, if someone asks you for money in exchange for keeping your decision to change your gender identity a secret, then this is a crime of extortion for which you should complain to the police.

In such scenarios, you can get immediate help by calling helplines. You can complain with the police regardless of your sexual orientation or gender identity. You can file an FIR with the police with the help of Section 383 of the Indian Penal Code, 1860.

Blackmailing You for Favors

If anybody threatens to hurt you physically or your reputation in exchange for favors, then it is a crime of blackmail and it is legally recognized as criminal intimidation.(( Section 503, Indian Penal Code, 1908.)) These favors may be asked from you in exchange for not outing your identity or sexual orientation. Under the law, it will be criminal intimidation only if you are asked to do:

  • Illegal acts such as asking stealing a companies private data etc.
  • Acts which stop you from doing something that you were legally bound to do, like for example, you have filed a case against someone and you are being blackmailed in exchange for ending the case.

You will have to file an FIR with the help of Section 503 of the Indian Penal Code, 1860.

Signs of domestic violence

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

Domestic violence can be of many different kinds and in many form, such as verbal, sexual, etc. Given below is an indicative list of signs of domestic violence. You can get protection and go to Court if you, or any child in your custody, have faced any of the following acts(( Section 3, The Protection of Women from Domestic Violence Act, 2005; Form IV, The Protection of Women from Domestic Violence Act, 2005.)):

Physical Abuse

  • You are being hurt physically, and your health, physical development or well- being is threatened. For example, beating you, slapping you, hitting you, etc.
  • You are being hurt physically, and it is causing danger to your life.
  • Someone makes any gestures that makes you believe that they are going to physically hurt you. For example, if your husband shakes his fist at you while knowing that it will likely make you believe that he is going to punch you.
  • Verbal or physical threats to harm you or your loved ones, in order to:
  • Scare you or alarm you or make you feel annoyed.
  • Make you do something you don’t legally have to do. For example, if your in-laws threaten to hurt you if you don’t quit your job.
  • Prevent you from doing something you are legally entitled to do. For example, if your husband threatens to hurt you if you want to file a complaint against him.

Verbal and Emotional Abuse 

  • You are insulted, humiliated or ridiculed. For example, if your husband calls you abusive names because you did not bear a male child, or because you did not bring dowry.
  • The harasser threatens to commit suicide. For example, if you state that you want to divorce your husband, and he threatens to commit suicide if you do so.
  • Separating you from your child. For example, if you are separated from your newborn child because your in-laws believe you cannot take care of him.(( Parijat Vinod Kanetkar and Ors. v.  Malika Parijat Kanetkar and Ors.  2017 (2) RCR (Criminal) 792.))
  • Preventing you from taking a job, or forcing you to leave your job.
  • Preventing you, or any child in your custody, from leaving the house.
  • Preventing you from meeting any person, like family members or friends.
  • Forcing you to get married to someone or preventing you from getting married.
  • Threats to cause physical pain to your loved ones.

Economic/Monetary Abuse

  • You are deprived of any financial assets and resources you are entitled to. For example, if you are a widow in a joint family, and are deprived of the resources belonging to the joint family.
  • Restricting access to resources that you normally use by virtue of the relationship you share with the harasser, such as access to any part of the house that you live in.
  • Dispossess you from your assets, or assets held jointly. For example, if your husband sells off the property that both of you own together.
  • Removing your personal items from the household, such as your clothing, utensils, etc.
  • Not allowing you to use items of general household use, such as preventing you from entering the kitchen.
  • Not giving you enough money to maintain yourself/your children, such as money for food, clothes, medicines, etc.
  • Not letting you take up employment, or disturbing you in carrying out your job.
  • Taking away your salary, or not letting you use your salary.
  • Forcing you to leave the house.
  • Not paying rent, if living in a rented accommodation.

Sexual Abuse 

  • Any unwelcome sexual conduct, such as you are forced to have sexual intercourse.
  • You are forced to perform a sexual act that makes you feel humiliated, abused or violated.
  • You are forced to view pornography or any other obscene material.
  • Your child has been sexually abused.

The Courts may recognize other acts of violence/abuse as domestic violence also, depending on your situation. If you are not sure whether you are facing domestic violence, you should get in touch with the Protection Officer of your district, a lawyer or any NGO or service provider who will be able to help you.

When are prenatal diagnostic procedures permitted?

The law allows the use of prenatal diagnostic procedures in certain limited circumstances.

Prenatal diagnostic procedures can be conducted to detect chromosomal abnormalities, genetic metabolic diseases, haemoglobinopathies, sex-linked genetic diseases, congenital anomalies, and other abnormalities or diseases in the foetus.(( Section 4(2), Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994.))

To conduct such procedures to detect the above abnormalities, the written consent of the pregnant woman must be taken,(( Rule 10, Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Rules, 1996.)) and at least one of the following conditions(( Section 4(3), Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994.)) must also be applicable. To conduct such procedures, it is necessary that:

  • The pregnant woman is older than 35 years;
  • The pregnant woman has had two or more spontaneous abortions or foetal loss;
  • The pregnant woman has been exposed to potentially teratogenic agents such as drugs, radiation, infection or chemicals;
  • The pregnant woman or her spouse has a family history of mental retardation or physical deformities.

If a prenatal diagnostic procedure is conducted after meeting these conditions, the person conducting ultrasonography on the pregnant woman must keep a complete record of it in the clinic as provided under the law.(( Section 4, Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994)).

Theft of Vehicles

Taking away someone else’s vehicle(s), like a scooty, car, cycle, etc. without their consent is considered as theft(( Section 378, Indian Penal Code, 1860; New India Assurance Co. Ltd v. Appliance Technologies India.)). For example, if Ram has parked his car, and Sham takes it away, it 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 your vehicle has been stolen, read here to understand the steps/options you can take to complain.