Theme: Sexual Violence

If a man texts me on my phone and says “If you don’t have sex with me, then you will get hurt”, then what can I do?

If someone makes a sexual threat to you then you can file a police complaint.  He will be punished under the law with jail time of minimum one year and maximum five years along with a fine.(( Section 354, Indian Penal Code, 1860.)) Afterwards, to stop him from bothering you, you have the option to block his number on your phone. To explore more on blocking on phones, read our explainer on Blocking users on Phone.

Since invasion of privacy is considered an offence under the law, in what situations can I expect privacy?

Your expectation of privacy can extend to all situations in your private space. If a man intrudes into your private space, then you can file a complaint as this is a crime under the law. Some of these situations are(( Section 354C, Explanation I, Indian Penal Code, 1860; Section 354C, Explanation II, Indian Penal Code, 1860.)):

  • When you have created a private space reasonably (such as locking a room) etc.
  • When you are in a situation or a place where you can reasonably expect that no one else is present, such as a changing room in a store, or you have allowed someone else you trust to also share your private space.
  • Any behavior or activities which you would consider are private in nature. For example, while you are sleeping in your own room or while you are changing your clothes in your room.
  • Where you are doing any sexual activities by yourself or with a person.

Situations where your private parts are exposed. For example, a man is looking at you while you are taking a bath or using the toilet.

I sent a private sexual video only to my boyfriend, but he sent it to his friends, who then distributed it to their friends. What can I do?

If your boyfriend, without your consent, sent the videos to his friends, then it is a crime under the law. Distribution of your video to multiple people without your consent, is a crime and your boyfriend can be punished for a jail time of minimum 1 year and maximum of 3 years with a fine. If his friends had forwarded the video knowing that you had not given your consent, then even they will be punished under the law. You can file a complaint to make sure that the video does not get circulated.

If a person is accused of stalking, will he get bail?

Yes, if the person is accused of stalking for the first time, he can get bail as stalking is a bailable offence. It is important to note that only men are punished under the law for stalking. If a man is being convicted by the court for repeating the crime of stalking, then stalking is a non-bailable crime. However, you can get bail for non-bailable crimes in some situations.(( The First Schedule, Code of Criminal Procedure, 1973.)) To explore more on non-bailable crimes, read our explainer on ‘Bail for Non-Bailable Crimes’.

What can I do if the police refuse to file my complaint against a sexual crime?

You can take the following steps if the police officer refuses to file your FIR:

  • If a Police Officer does not accept your complaint then you can write down your complaint and send it to the Superintendent of Police. If the Superintendent feels that there is merit in your case, then they can appoint Police personnel to start an investigation for your complaint.
  • 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. You can file an FIR at any police station and the police officers have to mandatorily record the information given, and then transfer it to the police station in whose area/jurisdiction the offence 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 so they can file the FIR on your behalf.

Approach the District/Judicial Magistrate directly to file a ‘private complaint’, but only after going to the police. To understand more on this information, consult a lawyer in the District Court.

Can a lawyer be appointed to represent a child for child sexual abuse cases?

Normally, for crimes, a lawyer representing the government leads the case. The child’s family can appoint their own lawyer who will act under the government lawyer’s instruction as per section 301 of the Code of Criminal Procedure, 1973. If the child’s family cannot afford to hire their own lawyer, they can get a lawyer free of cost from the government.

I am 16 years old and my uncle sexually abuses me. Can he be punished under the child sexual abuse law?

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

Yes, if your uncle has sexually abused you, then he can be held liable under the Protection of Children Against Sexual Offences Act, 2012 (POCSO). This law protects children who live in a shared household with people who are related through:

  • blood relationships; or
  • marriage (or in the nature of marriage); or
  • adoption; or
  • family members living as a joint family.

Can I rescue a child who I know is being sexually abused?

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

If you believe a child is being sexually abused, it is best that you call the authorities who will take quick action against such an incident as there may be a chance that you may also get in harm’s way while trying to rescue the child. You can refer here to see how you can report cases of child sexual abuse.

When does the medical examination take place for a child who has been sexually abused? How is a medical examination supposed to be done?

Section 27 of The Protection of Children From Sexual Offences Act, 2012 along with section 164A of the Code of Criminal Procedure, 1973 lays out the guidelines for the medical examination of a child. A child has to be examined for legal purposes by a registered medical practitioner within twenty-four hours of receiving the information about the offence. The child can be examined even if an FIR has not been registered.

  • The child should be okay with getting examined and she must be examined within 24 hours.
  • The doctor who examines the child should make a report with complete details and conclusions, and also record the exact time at which the medical examination had started.
  • A woman doctor has to examine a child, if it is a girl.
  • The parent or any other person the child trusts must be around when the doctor is examining the child.
  • If no one is available, then the hospital in-charge has to appoint someone who will be around during the examination.

Can news channels and papers publish details of children who are victims of sexual crimes?

No, the news channels, papers and other forms of media are not allowed to post any information which might reveal the name of the child or any such detail that might affect the child’s reputation.(( Section 23, The Protection of Children from Sexual Offences Act, 2012.))

In case a news channel publishes such information, the owner of the channel will be held responsible along with the employee who revealed the information. Both the owner and the employee can be punished with jail time between 6 to 12 months and/or fine.

However, if the Special Court is of the opinion that revealing such details might benefit the child or in some way, be in his interest, then it can allow the media to publish such details as it may record in writing.

What will happen if a child sexually harasses another child?

If it is a child who has committed a crime under this law, he or she will be dealt with under the Juvenile Justice (Care and Protection of Children) Act, 2015 (“JJ Act”). Section 2(13) of the JJ Act defines “child in conflict with law” as a child below eighteen years of age who is accused of or who has committed an offence. The child should not have reached eighteen years of age on the date of commission of such offence.

If there is uncertainty whether a person is a child, section 94 of the JJ Act gives the Juvenile Justice Board the power to determine the person’s age. However, it is important to note that under section 82 of the Indian Penal Code, 1860 a child under the age of 7 years cannot be punished for crimes under this law or any other law.

Can a woman be punished for sexually harassing a child?

Yes, a woman can be punished under this law for sexually harassing a child. The law is gender-neutral with respect to people committing the crimes as well as the victim.(( Chapter II, The Protection of Children from Sexual Offences Act, 2012.))

If a man rapes a girl child, which law will he be punished under?

He can be punished for an act of rape under the Indian Penal Code, 1860 (“IPC”) or the Protection of Children Against Sexual Offences Act, 2012 (POCSO) law. While choosing which law to charge him under, the law with the higher degree of punishment for the offence of rape will be used. This is applicable to all cases where there is a punishment given not only in IPC, but in POCSO. So the offence with the higher punishment will be used and he will be punished under that.

When the Court grants my child compensation for sexual abuse, how is the amount decided?

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

The Special Court will decide the amount of compensation for the child while passing the final order based on the following(( Chapter VII, The Protection of Children from Sexual Offences Act, 2012.)):

  • The type of abuse faced by the child.
  • The severity of the mental and physical harm faced by the child.
  • The costs incurred for medical treatment of the child.
  • Loss of employment opportunity, educational opportunity and absence from school because of the mental trauma, investigation, injuries on the body and any other reason.
  • Pregnancy of the child due to the incident or whether the child has contracted an STD (Sexually Transmitted disease) or HIV (Human Immunodeficiency Virus).
  • Any kind of physical or mental disability resulting from the incident.

Will I be punished for not reporting an incident of child sexual abuse that I am aware of?

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

Yes, if you knew that a child was being sexually abused, then you have a duty to report it. You can be held liable for not reporting the abuse in the first place and you can be punished under this law for a jail time of six months or a fine. Sexual abuse can make a child feel humiliated. The child may not be able to complain about the abuse himself/herself. Therefore, the law has placed the burden on the adults surrounding the child to report any suspicion of abuse. Any person to whom the child has confided about the abuse especially should report the crime. You can report directly to the police/magistrate.

If someone forcefully removes my clothes is it rape?

No, it is not rape. If a man assaults a woman in order to remove her clothes or to force her to be naked, he can be punished for the crime of disrobing(( Section 354B, Indian Penal Code, 1860.)). The punishment for attempting to disrobe, or actually disrobing a woman, is imprisonment from three to seven years, along with a fine(( Section 354B, Indian Penal Code, 1860.)).