Crimes & Violence Archives - Page 9 of 11

How can you claim compensation under this law?

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

To seek compensation under 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.)) the procedure is:

Step 1: Filing an FIR

The survivor or someone on their behalf has to mandatorily report the acid attack crime by filing an FIR.

Step 2: Sharing FIR copy to Legal Services Authority

The station house officer (“SHO”), Superintendent of Police (“SP”) or the Deputy Commissioner of Police (“DCP”) of a police station has to mandatorily share a hard or soft copy of the FIR with the SLSA or DLSA.

Step 3: Application for compensation

The survivor, her dependents or relatives, or the SHO of the area concerned to the SLSA or DLSA can file an application for the award of an interim or final award of compensation. The application must be submitted in the format given under the Victim Compensation Scheme as Form -I. It must be filed with a copy of the FIR or criminal complaint and, if available, a Medical Report or Death Certificate. Further, the applicant must submit a copy of the judgement/ recommendations of the court, if the trial is over.

Step 4: Preliminary Investigation by Legal Services Authority

The SLSA or DLSA then begins the preliminary verification of the facts of the attack for granting compensation.

Step 5: Getting Compensation

The amount of compensation will be given by the SLSA or DLSA by depositing it in a Bank in the joint or single name of the survivor or dependent(s). In case the survivor does not have any bank account, the DLSA would facilitate opening of a bank account in the name of the survivor. In case the survivor is a minor in a child care institution, the bank account will be opened with the Superintendent of the institution as Guardian. However, in case the survivor is a foreign national or a refugee, the compensation will be given through cash cards.

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.

Child Sexual Abuse By A Family Member

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

When a child is sexually abused by a family member, they face a more severe punishment than someone who is not a family member since they are in a position of authority and trust to the child. A family member of a child can include anyone(( Section 5(n) & 9(n), The Protection of Children from Sexual Offences Act, 2012.)):

Related to them by blood, adoption, marriage, guardianship, or foster care; or
Someone who has a domestic relationship with the parents or child; or Family members living in the same house as the child.

Depending on the type of crime committed, the punishment will vary for the family member.(( Section 6 & 10, The Protection of Children from Sexual Offences Act, 2012.))

If a child is being sexually abused by a family member or someone knows about a child being sexually abused in the family, report the crime to the police.

Seeking Medical Help

Survivors have the right to get immediate and free first-aid or medical treatment from medical institutions (both public and private). The institution must also inform the police of the criminal incident.¹ If the institution refuses to provide treatment and inform the police, the person in charge of the institution is punishable with imprisonment for up to one year and/or a fine.²

Within 24 hours of receiving information about the criminal incident, the police send the survivor to an authorized doctor for a medical examination. The medical examination can happen only with the consent of the survivor or someone who can consent on her behalf.³ After obtaining consent, the doctor immediately examines the survivor and prepares a detailed report with conclusions about the survivor’s injuries, mental condition, etc.⁴ The report also records that consent was obtained, and notes the exact time at which the medical examination was started and completed.⁵ The registered medical practitioner shall, within a period of seven days forward the report to the investigating officer who shall forward it to the Magistrate.⁶

Section 190(3), Bharatiya Nagarik Suraksha Sanhita, 2023 [↩]
Section 200, Bharatiya Nyaya Sanhita, 2023 [↩]
Section 184(4), Bharatiya Nagarik Suraksha Sanhita, 2023 [↩]
Section 184(2), Bharatiya Nagarik Suraksha Sanhita, 2023 [↩]
Section 184(5), Bharatiya Nagarik Suraksha Sanhita, 2023 [↩]
Section 184(6), Bharatiya Nagarik Suraksha Sanhita, 2023 [↩]

Impersonation

Impersonation refers to the act of assuming a fake identity with the intention to deceive a person through the use of a computer or any communication device. For example, if someone posts a picture through your Facebook profile, while pretending to be you, it is a case of impersonation.

The punishment for impersonation is jail time of up to three years and a fine of up to one lakh rupees.¹

Section 66D , The Information Technology Act. [↩]

What is Physical Stalking?

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

It is a crime to physically stalk someone, i.e. someone tries to follow a person wherever they go and contact them even after they have expressed their disinterest. Under the law, only a man can be punished for the crime.(( Section 354D, Indian Penal Code, 1860.))

Some examples of physical stalking are:

Waiting outside a person’s house every day, sending gifts and letters everyday despite a lack of interest.
Following someone from their place of work(( Shri Deu Baju Bodake v. The State of Maharashtra, 2016 SCC Bom 15454; Arun Kumar Mishra v. State Crl. A. No. 1577/2014; Kalandi Charan Lenka v. State of Orissa BLAPL No.7596 of 2016.)) to the places they visit regularly.
Repeated requests or demands for sexual favours or confessions of love.(( Shri Deu Baju Bodake v. The State of Maharashtra, 2016 SCC Bom 15454.))

The punishment for physical 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.))

Complaining/Reporting Problems by LGBTQ+ Persons

You can file a complaint with any of these authorities/forums:

Police

Go to Police Station

You can file an FIR at any police station or the one nearest to you. A friend or relative can also file an FIR on your behalf. If you are a woman or a trans woman, your statement will be recorded by a female police officer.

Call 100

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

National and State Commissions in India

These are forums you can approach if you face any difficulties or resistance from the police if they refuse to file your FIR:

National/State Human Rights Commission

The National Human Rights Commission (NHRC)(( Core Group on LGBTQ+ Issues: https://nhrc.nic.in/sites/default/files/Documents_coregroup_lgbt_29062018.pdf)) is a national level government body which specifically looks into human rights violations, such as illegal detention, harassment in jail, etc. As a LGBTQ+ person, you can also approach them if you require help, if the police are not being cooperative.

Since the NHRC is located in New Delhi, you can also approach the State Human Rights Commission (SHRC) in your state to get immediate help. You can complain to the NHRC or SHRC regardless of your gender or sexual orientation.

You can contact NHRC here and complain if you have faced any harassment or discrimination.

National/State Commission for Women

The National Commission for Women (NCW) is a national level government organization that works in the protection of women from violence such as sexual crimes, domestic violence, etc. The NCW will help you by:

Providing you and your harasser counseling or an opportunity to be heard so that the dispute is resolved and the incident is not repeated again.
Instituting an inquiry committee in serious cases which would make spot inquiries, examine the witnesses, collect evidence and submit a report to give you immediate relief and protection.

You can get in touch with them only if you are a woman or a trans woman by either calling the helpline number 1091, or sending an email to ncw@nic.in or filing an online complaint.

You can also approach the Women’s Commission in your state to get immediate help.

Online Crime Reporting

You can complain with the Cyber Cell or the police in your state against online crimes. Read here to understand in detail the options that you have to report and complain against online harassment and violence.

How can you get Immediate Protection for Domestic Violence?

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

To seek immediate protection from domestic violence, you should file an application with the Court with the help of a Protection Officer or a lawyer. The Court will pass a protection order to give you and your child/children protection from the harasser. The order passed by the Court will be temporary, but for a fixed duration(( Section 25, The Protection of Women from Domestic Violence Act, 2005.)) until the Court feels that such an order is not required due to a change in circumstances. You can take the help of your lawyer to extend the duration of the order, if you require it. The protection order will help you(( Section 18, The Protection of Women from Domestic Violence Act, 2005.)):

Stop Acts of Domestic Violence

The harasser will be ordered not to:

Commit or help in committing any form of domestic violence.
Commit violence against friends, relatives or any person who is supporting you through the violence.

Prevent any Disturbance or Harassment

The harasser will be ordered not to:

Disturb/harass you at any place including your place of work or residence.
Disturb your child/children at school or any other place where they visit.(( Form IV, The Protection of Women from Domestic Violence Act, 2005.))
Contact you either personally or through email, telephone, online, etc.

Protect your Finances and Property

The harasser will be ordered not to:

Sell or give away your assets, wedding gifts, stridhan, etc. without your consent.
Operate any single/joint bank accounts or access single/joint bank lockers without your consent and without letting the Court know.

Regulate the Harasser’s Behaviour

The harasser will be ordered not to:

Use any firearms, weapons or other dangerous substances that can be used to hurt you. The harasser may be asked to surrender it directly to the Court.(( Form IV, The Protection of Women from Domestic Violence Act, 2005.))
Consume any alcohol, drugs or similar substances that can intoxicate, which leads to domestic violence.(( Form IV, The Protection of Women from Domestic Violence Act, 2005.))

If the harasser is still disturbing you after the order, you(( Section 32(2), The Protection of Women from Domestic Violence Act, 2005.)) can make your lawyer inform the Court. The Court will punish the harasser with jail time of one year or a fine of Rs. 20,000.

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.

What are the costs involved for survivors to exercise their rights?

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

For crimes of acid attack, medical and rehabilitation facilities must be provided to survivors free of cost:

They must be given free first aid and medical treatment.
They must be provided with a medical certificate free of cost that may be used for further treatment in other hospitals.
The police have to provide a complainant with a copy of the FIR, free of charge.
Further medical treatment is usually paid for through the:
- Fine amount imposed on the offender for committing the crime
- The compensation from States and Union Territories under their respective Victim Compensation schemes, and;

Additional compensation from the victim’s compensation Fund(( 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.))

Sexual Abuse By An Authority Figure

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

The persons given below are punished strictly under the law on sexual crimes against children.

The people included in the list are(( Section 5 & 9, The Protection of Children from Sexual Offences Act, 2012.)):

Any person who is a government servant and holds authority because of their position within the institutional system of the government. For example, a police officer while on duty.
Any person in a position of trust or authority of the child who interacts with the child. For example, a school teacher or a family member.
Persons who commit sexual assault which is more gruesome in nature and calls for higher punishment. For example, gang rape of a child.
Repeat Offenders. For example, someone who has already been convicted for child sexual abuse.
Teachers, medical professionals, caregivers, staff, and management of any educational, religious, or medical institution can be punished for abusing their power and sexually abusing a child(( Section 5(e)(f) &9(e)(f), The Protection of Children from Sexual Offences Act, 2012.)). This law will not punish a doctor who is performing a medical examination of a child with the permission of the child’s parents. However,if it is proved that the doctor sexually abused the child while conducting the examination, then they will be punished under the law.

When these people commit crimes such as sexual assault or penetrative sexual assault, they will be given higher punishment for committing the same crimes. The crimes are considered as aggravated sexual assault and aggravated penetrative sexual assault respectively.

The punishment is rigorous imprisonment for any time in between 5 years and life imprisonment along with fine(( Section 6 & 10, The Protection of Children from Sexual Offences Act, 2012.)).

Protecting the Identity of the Survivor

No one is allowed to print or publish the name or any matter which may reveal the identity of a survivor. The punishment for doing so is imprisonment for up to two years and a fine.¹ Without getting permission from the court, if anyone prints or publishes any matter about a rape case which is currently ongoing in court, they are punishable with imprisonment for up to two years and a fine.²

The identity of the survivor can only be revealed:³

For the purposes of investigation – In this case, the identity can be revealed by the officer-in-charge of a police station or the police officer investigating the case.
By the survivor, or with her written permission.
By the close family of the survivor, or with their permission – This is allowed if the woman is dead, or a minor, or of unsound mind. In this case, the family can give such permission only to the chairman or the secretary of any recognised welfare institution or organisation.

Section 72(1),Bharatiya Nyaya Sanhita, 2023 [↩]
Section 73, Bharatiya Nyaya Sanhita, 2023 [↩]
Section 72(2), Bharatiya Nyaya Sanhita, 2023 [↩]

Obscene Materials and Sexual Harassment

The law punishes different kinds of crimes if obscene material is shared or you face sexual harassment online:

Publishes or distributes obscene material online

If someone publishes or distributes obscene material online, it is considered a crime. For example, if someone publishes pictures of a naked woman. This is punishable¹ with jail time of up to three years and a fine of up to five lakhs on first conviction, and jail time of up to five years and a fine of up to ten lakhs upon any subsequent conviction.

Publishes or distributes materials that display sexually explicit acts

Further, if someone publishes or distributes materials that display sexually explicit acts, it is also considered a crime. For example, if someone publishes a video of two people engaging in sexual intercourse without their permission, he may be punished under the law. This is punishable² with jail time of up to five years and a fine of up to ten lakhs on first conviction, and jail time of up to seven years and a fine of up to ten lakhs upon any subsequent conviction.

Showing Pornographic Material

Showing pornographic material to a woman when she does not want to watch it is considered sexual harassment, and is a crime under the law.³ The punishment for this is jail time of up to three years or a fine or both.

Section 67, The Information Technology Act, 2000. [↩]
Section 67A, The Information Technology Act, 2000. [↩]
Section 354A, The Indian Penal Code, 1860. [↩]

How does Stalking over the Phone Happen?

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

If someone repeatedly contacts a person through calls or texts by the means of a telephone, then, it is a crime under the law. Under the law, only a man can be punished for the crime.(( Section 354D, Indian Penal Code, 1860.))

For example, sending someone messages on their phone begging to meet them or for sex despite a clear disinterest from their end.

The punishment for stalking over the phone 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.))

Filing an FIR by LGBTQ+ Persons

When you go to the police station to file a complaint, the details of the complaint will be written down in an FIR (First Information Report).

The FIR has to be filed by the police official and if you are a woman or trans woman, then for certain crimes, a woman police officer has to fill out the FIR.

Before filing the FIR, consult with a lawyer and see what all crimes you can file an FIR for as some crimes can only be reported by women or trans women and not men. If you face any difficulties while filing an FIR, read here to see what steps you can take.

Read here to understand what happens after you file the FIR.

What are Medical Facilities and Shelter Homes?

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

Medical Facilities

If you have been subjected to domestic violence, it is your right to receive medical assistance. You can approach the Protection Officer of your district or any service provider working within the ambit of women’s rights, and they will help you, as well as any child, obtain medical assistance. The medical report will be forwarded to the relevant police station and Court.

Role of a Medical Facility:

Providing medical assistance to a victim of domestic violence. No medical facility can deny service to such a person.
File a DIR and forward it to the relevant Protection Officer, if one has not been filed already.
Supply the victim with a free copy of the medical report.

Shelter Home

Shelter homes are homes set up by the State Government to provide a safe space for women to stay in. Any woman who has suffered from any kind of violence including rape, sexual crimes, domestic violence, etc. can stay in a shelter home(( Section 6, The Protection of Women from Domestic Violence Act, 2005.)). If you are unable to go back to your house because the harasser(s) who harmed you is/are still living there, then the Protection Officer or service provider may ask you to go to a shelter home. If you want to find a shelter home, you can approach a Protection Officer who would maintain records of the shelter home in his or her district(( Section 11(3) and 11(4), The Protection of Women from Domestic Violence Act, 2005.)).

Even if you have not filed a DIR, with the help of a Protection Officer, you can ask for accommodation in a Government-run shelter home, and the shelter home cannot refuse shelter to you merely because you have not lodged a DIR. If you desire, the shelter home will not disclose your identity to the harasser(( Section 16(1),(2),(3), The Protection of Women from Domestic Violence Act, 2005.)).

How is the sale of acid regulated in India?

The sale of acid in India is governed by two levels of regulatory mechanisms:

State-level Rules framed by the respective State and UT Governments

Various state and Union Territory governments have framed rules for the sale of acid,(( These rules have been framed under Section 2 of the Poisons Act, 1919, or under state-specific statutes (in the case of Chhattisgarh).)) including Chhattisgarh, Rajasthan, Karnataka, Tripura, and Himachal Pradesh. These rules are broadly similar, and prescribe various requirements for shopkeepers selling acid:

Shopkeepers can only sell acid, or keep the same for sale, if they have a license issued by the relevant licensing authority. This may mean the District Magistrate, or any other officer appointed by the state government.
In case a shopkeepers’ license becomes invalid, they must sell the acid off to another license holder within 3 months. After this period, the licensing authority has to remove and destroy it.
Shopkeepers must exhibit a copy of the sale of acid rules of that state at their place of business.
Shopkeepers must sell acid only from the premises that have been specified in the license. For example, if the acid can only be sold by a shopkeeper in one of his shops and not the others that are not mentioned in the license.
Shopkeepers must only sell acid to persons personally known to them, or those who produce a photo identity card with their address and substantiate the same with a legally valid address proof like an Aadhar card.
Shopkeepers must sell acid only after ascertaining the name, phone number, address, and the purpose for buying acid of the purchaser. They must maintain a register with the prescribed details of the acid sale transactions, including the name of the acid, quantity sold etc.
Shopkeepers must not sell acid to persons below 18 years of age.
Shopkeepers must store acid securely in a box/ room etc., with the word ‘poison’ marking the same, and ensure that only acid is stored there. They must sell poison only after securely packing and labeling the same.

If a shopkeeper does not follow these rules for the first time, the punishment is a jail term for up to 3 months, or with a fine of up to Rupees 500, or with both.(( Section 2 and 6, The Poisons Act, 1919; Section 15, the Chhattisgarh Regulation, Prohibition, Sale and use of Acid Act, 2013.)) For repeating the crime, the punishment is a jail term of up to 6 months, or with a fine of Rupees 1000, or with both. Hence, a criminal complaint or FIR can be filed against them for the illegal sale of acid. Such acid which is illegally stored will also be confiscated from the shopkeeper.(( Section 6(2), the Poisons Act, 1919.))

The Government of India has also framed Model Rules (the Poisons Possession and Sale Rules, 2013) for states and UTs to refer to while framing their respective rules. The Supreme Court has mandated states to make their rules as stringent as these Model rules.(( Laxmi v Union of India and Others, (2014) 4 SCC 427 [7].)) Further, the Court has repeatedly urged all states and UTs to frame rules to regulate the sale of acid and other corrosive substances,(( Laxmi v. Union of India and Others, (2016) 3 SCC 669, order dated 11/2/2011; Id; Laxmi v. Union of India and Others, (2016) 3 SCC 669, order dated 10/4/2015.)) and ensure the proper implementation of the same.(( Parivartan Kendra v. Union of India and others, (2016) 3 SCC 571 [12], [13].))

Rules by the Supreme Court

The Supreme Court gave guidelines about the sale of acid, to be followed in states which did not have state rules for sale of acid.(( Laxmi v. Union of India and Others, (2014) 4 SCC 427 [9]-[11].)) Under these guidelines, the shopkeepers must follow the following regulations:

They can only undertake over-the-counter sale of acid, if they maintain a register with the details of the buyer, their address, and the quantity sold.
They must only sell acid after the buyer shows a government issued photo ID with the address of the person, and specifies their reason for buying the acid.
They must declare their stocks of acid within 15 days to the Sub-Divisional Magistrate (SDM) of the district.
They must not sell acid to minors.

Under these Court guidelines, a person can also complain to the Sub-Divisional Magistrate (SDM) of the district as they have a responsibility to ensure the guidelines are followed and can levy fines on shopkeepers breaching the rules given above.

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 are 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.¹

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.² Then, it is up to the accused person’s lawyer to prove, if possible, that the survivor actually consented and the sexual intercourse was consensual and not in the nature of rape.

The inquiry or trial is completed within two months from the date of filing the chargesheet.³

Section 366(2), Bharatiya Nagarik Suraksha Sanhita, 2023 [↩]
Section 120, Bharatiya Sakshya Adhiniyam, 2023 [↩]
Proviso to Section 346(1), Bharatiya Nagarik Suraksha Sanhita, 2023 [↩]

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 privacy¹. 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 voyeurism², and is punishable with jail time of up to 3 years and a fine.

Section 66E, The Information Technology Act. [↩]
Section 354C, The Indian Penal Code. [↩]

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.