Theme: Crimes & Violence

Marital Rape

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

Marital rape is not a crime under Indian law. The law does not punish a husband for having forcible sexual intercourse with his wife without her consent unless she is below eighteen years of age (a minor). (( Independent Thought v. Union of India, (2017) 10 SCC 800))

So, any sexual intercourse or sexual acts by a man with his adult wife is not rape. However, this does not apply if a woman is living separately from her husband. If a couple is married, but living separately, then the husband is guilty of rape if his wife does not consent to sexual intercourse. In this case, the punishment for the husband is imprisonment between two and seven years, along with a fine.1

Though the law does not punish marital rape, a woman can get relief under the Domestic Violence Act, 2005. This law criminalises sexual abuse, including any behaviour of a sexual nature that abuses, humiliates, degrades or violates the dignity of a woman.2 To know more about the rights of a woman against domestic violence, read here.

  1. Section 67, Bharatiya Nyaya Sanhita, 2023 [↩]
  2. Section 3, Domestic Violence Act, 2005 [↩]

Abusive Language and Photoshopping

If someone uses abusive language against you online or photoshops your image into content which is abusive or sexually coloured, that person can be punished1 under the law. The abusive language or picture or video should:

  • Relate to a feeling or revealing of a sexual interest or sexual desire against you or;
  • Relate to any excessive interest in sexual matters or;
  • Relate to content which would deprave or corrupt you, if you read or saw it online, like pornography.

The punishment for the first conviction is jail time up to three years and a fine up to five lakhs and for the second conviction, a jail term which may extend to five years and a fine up to rupees ten lakhs. 

  1. Section 67, Information Technology Act, 2000. [↩]

What are Sexual Gestures?

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

If anyone makes any sexual gestures that are insulting and sexual in nature, it is a crime. Under the law, only a man can be punished for the crime.(( Section 354A, Indian Penal Code, 1860)) 

Some examples of sexual actions and gestures are, when a person:

  • Inappropriately touches themselves while looking at someone.
  • Makes gestures such as flying kisses, whistling or gesturing to someone’s body.(( State v. Mohd Zahir, District Court, Delhi, SC No. 103/13, Order dated: 08.10.2013; Yogendra Nath v. Commissioner Kendriya Vidyalaya Sangathan ILR (2014) 2 Delhi 1428.))
  • Undressing in front of a person and showing sexual gestures, even after the person has clearly expressed disinterest and discomfort.

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

Rape of LGBTQ+ Persons

When a man has sexual intercourse with you, without your consent, it is considered to be rape under the law.

Currently, under the law, only women or trans women can be victims of rape or sexual violence and can only file it against a man.

If you are a man/trans man who was forced to have sexual intercourse, you will not be able to file a complaint for rape or any other form of sexual violence. Instead, your alternative will be to file a complaint stating that you were hurt or injured.

Rape and Gang Rape

  • If you want to file a complaint against anyone who has committed the act of rape, you will have to file an FIR with the police with the help of Section 375/376 of the Indian Penal Code, 1860.
  • If the act of rape has been committed by a group of people, each of them will be punished for committing the crime of gang rape. You will have to file an FIR with the help of Section 376D of the Indian Penal Code, 1860.

Rape by a Person of Authority

If a man has some form of control over a woman because of his position or job, and uses this control to forces her have sex with him, it is the crime of rape under the law.  For example, if a male police officer rapes you while you are in custody, then you have a right to complain against the officer and file an FIR.

Some of the persons of authority include public servants or jail staff or on the management of the hospital, etc. You will have to file an FIR with the help of Section 376 of the Indian Penal Code, 1860.

It does not matter if you don’t know the details of the person who raped you. You should still file a complaint so that the police can carry out an investigation to prevent him from committing the same crime again. You can also file a complaint against a family member, teacher, etc. who has raped you. You can request someone else to file the FIR on your behalf also. If the police does not register your FIR, read this to understand the alternative steps you can take.

Who can seek Protection against Domestic Violence?

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

Any woman can file a complaint and seek protection against domestic violence under the law, for herself and her child/children. The religion of the woman does not matter(( Mr. Ali Abbas Daruwala vs. Mrs. Shehnaz Daruwal  2018 (3) RCR (Criminal) 106.)) i.e. any woman, regardless of her religion or caste, can file a complaint against domestic violence.

Please keep in mind that if you decide to go to Court, you need to make sure that you had a domestic relationship and a shared household with the harasser. You can complain and seek protection in the following circumstances:

If you are married

If you are married, and are facing domestic violence from your husband or in-laws, you can file a complaint against them.

If you are divorced

If you are divorced, then depending on the facts of the case, you may or may not be granted protection and relief. Some situations are:

  • If you face violence before the divorce, you can file a complaint, as you had a domestic relationship with your husband/in-laws at the time the violence took place.(( Juveria Abdul Majid Patni v. Atif Iqbal Mansoori (2014) 10 SCC 736.))
  • If you face violence after the divorce, you will have to prove that a domestic relationship was existing between you and the harasser at the time when the domestic violence took place. In some cases, even if you cannot prove the domestic relationship, the Court may hear you out. For example, if you and your husband continued to take care of your child together after getting divorced,  and you faced harassment in the course of that.
  • If you have initiated divorce proceedings at some point, but did not end up getting divorced, you can file a complaint if you face any domestic violence.(( Prakash Nagardas Dubal-Shaha v. Meena Prakash Dubal Shah (2016) 13 SCC 277.))

If you have deserted your husband

If you have left your husband because he was subjecting you to domestic violence, by beating you, verbally abusing  you, etc., you can file a complaint against him for domestic violence. If you have left your husband for any other reason, then you cannot file a case. For example, if you left your husband because you wanted to live with another man, or because you wanted to live alone, then you cannot file a complaint under this law.(( Sejal Dharmesh Ved v. The State of Maharashtra and Ors. 2014 ALL MR (Cri) 636.))

If you are judicially separated

If you are judicially separated from your husband and you have faced domestic violence from him or your in-laws either before or after the separation order, you can file a complaint against the harassers.(( Krishna Bhatacharjee v. Sarathi Choudhury (2016) 2 SCC 705.))

If you are in a live-in relationship: 

If you are in a live-in relationship, you can file a complaint against your partner if you face domestic violence.(( Velusamy v. D. Patchaiammal (2010) 10 SCC 469.)) In some cases, you can also file a complaint if you are now separated but faced violence when you were still with your partner.(( Reshma Begum v. State of Maharashtra & Anr. 2018 SCC OnLine Bom 1827.))

If you are a widow

If you continue to live with your in-laws after the death of your husband, it is viewed as a domestic relationship, as your relationship with your in-laws does not come to an end with the death of your husband. In such a case, if you face domestic violence, you can file a complaint against your in-laws.(( Jitendrabhai Bhikhabhai Bhambaniya  v. State of Gujarat, Criminal Revision Application/271/2016, Gujarat High Court.)) For example, if you are a widow who is being harassed by her mother-in-law, you can file a complaint against her.

Some states provide handbooks for ASHA workers where you can find more information on forms on violence 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.

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

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.1 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 on the premises. Here, sexual intercourse does not refer to the act of rape and is dealt with as a separate offence under Section 63 of the Bharatiya Nyaya Sanhita.

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

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

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 position. 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.

  1. Section 68, Bharatiya Nyaya Sanhita, 2023 [↩]

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.

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 offense 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).1 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.2
    If the survivor approaches the police with her complaint, the information is recorded only by a woman officer.
  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.3 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.4
  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.5 If any police officer refuses to file the FIR or fails to record information of the offence the substance of the information in writing and by post is to be shared with the Superintendent of Police, who can further investigate the case himself or direct an investigation to be made, if he fails to do so the aggrieved person may make an application to the Magistrate.6
  7. The complainant can get a copy of the FIR for free.7 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, psychosocial counseling, and temporary support services.

  1. Section 193, Bharatiya Nagarik Suraksha Sanhita, 2023 [↩]
  2. Hallu and Others v State of Madhya Pradesh, 1974 AIR 1936 [↩]
  3. Section 173(4), Bharatiya Nagarik Suraksha Sanhita, 2023 [↩]
  4. Section 176, Bharatiya Nagarik Suraksha Sanhita, 2023 [↩]
  5. Section 173(3), Bharatiya Nagarik Suraksha Sanhita, 2023 [↩]
  6. Section 173(4),Bharatiya Nagarik Suraksha Sanhita, 2023 [↩]
  7. Section 173(2), Bharatiya Nagarik Suraksha Sanhita, 2023 [↩]

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.