Theme: Sexual Violence

What can I do if I see an instance of sexual abuse happening to a child?

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 are aware of any incident and are reasonably certain that a child is a victim of any form of sexual abuse happening to a child during the pandemic please use any of the mentioned ways to contact an authority to help the child out.

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. After you complain, the child will be taken care of by the local police/Special Juvenile Police who will inform the Child Welfare Committee of your district 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.

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.

Can I file a complaint against a family member for rape or sexual violence?

Yes, if a family member has raped or sexually assaulted you, you can file an FIR with the police. If a relative, guardian, teacher, or any person in a position of trust or authority, rapes a woman it is known as aggravated rape, under the law. You can use section 376 (2) of the Indian Penal Code, 1860 while filing an FIR with the police. The punishment for this crime is jail time upto  10 years and a fine.

Types of Child Sexual Abuse

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

Indian law classifies types of child sexual abuse into different types of crimes, regardless of the child’s gender . Given below are some of the punishable crimes:

Non-Physical Behaviour

  • Any non-physical sexual behaviour through gestures, speech, and visuals. For example, gesturing to a child’s private parts or showing naked pictures(( Section 11, The Protection of Children from Sexual Offences Act, 2012.))
  • Any act related to child pornography, including its creation, distribution, transmission, publication, etc.(( Section 13, The Protection of Children from Sexual Offences Act, 2012.))
  • Administering any drug, hormone or any chemical substance to a child so that the child attains early sexual maturity.(( Section 9(v), The Protection of Children from Sexual Offences Act, 2012; Protection of Children from Sexual Offences (Amendment) Act, 2019.))

Physical Behaviour

  • Touching a child in a sexually inappropriate way. For example, touching the private parts of a child.(( Section 7, The Protection of Children from Sexual Offences Act, 2012; Section 9, The Protection of Children from Sexual Offences Act, 2012.))
  • Sexually abusing a child through penetration – either with a penis or any other object.(( Section 3, The Protection of Children from Sexual Offences Act, 2012; Section 5, The Protection of Children from Sexual Offences Act, 2012.))

Attempt of sexual abuse

If a person tries to commit(( Section 18, The Protection of Children from Sexual Offences Act, 2012.)) any sexual crime against a child, this is also a crime. It does not matter if the offender fails to actually commit  the crime , the attempt itself will hold them liable.

Further, the law also makes a distinction based on the person committing the offence. For example, if any sexual abuse done by a person in a position of trust or authority to the child like a teacher or police officer, the punishment is higher.(( Section 5, The Protection of Children from Sexual Offences Act, 2012; Section 9, The Protection of Children from Sexual Offences Act, 2012.)) The law defines these kinds of abuse as “aggravated” to highlight the fiduciary relationship between the harasser and the child. Read more in our explainer here.

What is Rape?

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

Rape is a crime that occurs when a man has sexual intercourse with a woman against her will or without her consent.

A man commits rape on an non-consenting woman if he:((Section 63, Bharatiya Nyaya Sanhita, 2023))

  • penetrates his penis or inserts any other part of his body (to any extent) into the woman’s vagina, mouth, urethra, or anus, or forces her to do this with him or another person; or
  • inserts any object into the woman’s vagina, mouth, urethra, or anus, or forces her to do this with him or another person; or
  • manipulates any part of the body of a woman to cause penetration into the woman’s vagina, urethra, anus, or any part of the body or makes her to do so with him or any other person; or
  • applies his mouth to the woman’s vagina, anus, or urethra, or makes her do this with him or any other person.

A medical procedure or intervention is not considered as rape. For example, if a doctor examines the private parts of a patient as part of a medical procedure, this is not rape.

What is Sexual Harassment?

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

Sexual harassment can happen in several ways. Actions such as following a person on the streets or in any public space, peeping into their bedroom, making sexual gestures at them while they are at work or in the classroom, singing lewd songs – all of this is sexual harassment. Under the law, only a man can be punished for the crime.(( Section 354A and 354, Indian Penal Code, 1860.))

There are many ways to reach out to an authority that will help, and anyone can file a complaint on a survivor’s behalf. A survivor can file a complaint of sexual harassment, irrespective of the place where it has happened. An FIR can be filed at any police station. The fact that the crime may not have been committed in that police station’s jurisdiction has no consequence to the filing of the complaint. It is mandatory for the police to record the information provided, and then transfer it to the police station in whose area/jurisdiction the offence took place. For instance, if a crime was committed in North Delhi, the information can even be registered with a police station in South Delhi.

The law deals with four categories of sexual harassment(( Section 354A, Indian Penal Code, 1860.)):

The punishment for inappropriately touching, demanding or requesting sexual favours and making sexual coloured remarks is jail time up to three years with a fine. For showing pornography, the jail time is up to one year along with a fine.1

Recourse against the Perpetrator

A survivor can go to the police and file an FIR after which the police will investigate and file charges before the court. The court will then decide whether the person is guilty or not. If the person is found to be guilty, they will be fined and punished with jail time depending on the kind of crime committed.

To explore more on complaining against the perpetrator, you can read our explainer on ‘How do you complain against sexual crimes’.

When a child has been harassed

If a child (below the age of 18) has been sexually harassed by anyone, including someone they know, relatives, friends, etc., anyone including the parents or teachers can report the crime on behalf of the child. It is illegal to not report the crime and a person can face criminal consequences for knowing about the crime and not reporting it.(( Juvenile Justice Act (Care and Protection of Children), 2015; The Protection of Children from Sexual Offences (POCSO) Act, 2012.)) To explore more on sexual abuse against children, you can read our explainer on Sexual Abuse of Children.

  1. Section 354A (2) and (3), Indian Penal Code, 1860. [↩]

Consent to Have Sex

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

No. The law does not recognize a child’s ability to give consent to have sex. This means that if an adult (above the age of 18) asks a child (below 18 years) to engage in any kind of sexual activity, and the child says yes explicitly or implies that they consent, this activity will still be considered as child sexual abuse or rape under the law.(( Independent Thought v. Union of India and Another (2017) 10 SCC 800.))

Consent Between Children

If two children engage in sexual activities willingly, it is still considered illegal. The age of consent for girls and boys is 18 years.(( Section 2(d), The Protection of Children from Sexual Offences Act, 2012; Independent Thought v Union of India and Another (2017) 10 SCC 800.)) Read more information in our explainer “Children Accused of Crimes”.

What is Consent?

Consent is a voluntary, clear, and unmistakable agreement by a person who expresses their willingness to take part in a specific sexual act. A woman should understand what she is agreeing to and what the consequences will be if she agrees to the sexual activity. Even if she doesn’t physically resist the act of penetration, this does not automatically mean that she has consented to the sexual activity.

Under the following circumstances, a man is said to commit rape even if the woman has given her consent:

  • If her consent has been forcibly obtained by threatening to hurt her or making her fear for her life or the lives of her dear ones.
  • If the man knows that he is not a woman’s husband and that she has given her consent only because she thinks that the man is her husband.
  • If the woman is unable to understand the nature and consequences of the act to which she gives consent, due to unsoundness of mind or intoxication or because the man has given her an unwholesome substance.
  • If the woman is under eighteen years of age.

How is Invasion of Privacy a Sexual Crime?

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

Everyone has a right to privacy.(( Article 21, Constitution of India, 1950.)) This means that anyone can do anything, sexual or not, thinking that no one is watching them (provided that it shouldn’t be illegal). Under the law, only a man can be punished for the crime.

Being Watched by Someone

If a person tries to watch someone while they are doing any private act, which they would do only if they thought(( Section 354C, Indian Penal Code, 1860 [Commonly known as Voyeurism])) they were either completely alone or with a particular person they gave consent to, then it is a crime under the law. This crime is commonly known as voyeurism. Some examples are in cases where:

  • A person is being watched by someone when they are alone. For example, while they are using the toilet.(( State v. Shailesh, Delhi District Court, Criminal Appeal No.33/2016.))
  • Someone has illegally installed a camera in a person’s bedroom or hacked into their webcam to watch them in their private space.

Capturing Private Images 

If pictures, video or audio recordings of a person are without their permission, then it is a crime.

The punishment for capturing or watching someone without their knowledge or consent, is jail time of at least three years or a maximum of seven years along with a fine.(( Section 354C, Indian Penal Code, 1860 [Commonly known as Voyeurism].))

Distribution of Private Pictures and Videos(( Section 354C, Explanation II, Indian Penal Code, 1860; Section 67 of Information technology Act, 2000.)) 

No one can record or distribute private pictures or videos of a person, unless they give consent. For example, if a person gives consent to only recording a sexual act with their loved one but has not given permission to distribute it to other people, and that recording is distributed, then it is a crime.

The punishment for distribution of private pictures, images or audio is jail time of at least three years or a maximum of seven years along with a fine.1

  1. Section 354C, Indian Penal Code, 1860 [Commonly known as Voyeurism]. [↩]

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.

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.

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.))

Sexual Penetration of a Child

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

When a person inserts any object or any body part into any body part of a child, or forces the child to do this with someone, it is a crime of penetrative sexual assault. This includes(( Section 3, The Protection of Children from Sexual Offences Act, 2012.)):

  • Penetrating the vagina, mouth, urethra, or anus of any child with a penis, another body part, or an object.
  • Forcing a child to use their penis to penetrate another person or thing.
  • Performing oral sex on a child or forcing a child to perform oral sex on someone else.

The punishment for this is jail time of ten years to life imprisonment along with a fine.(( Section 4, The Protection of Children from Sexual Offences Act, 2012.))

If the child is above the age of 16 as is tried as an adult in court, then the punishment is higher and the child would be facing trial for the crime of rape.(( Section 376 (1), Indian Penal Code, 1860.)) If the offender is a person in a position of trust or authority, then the crime is known as Aggravated Penetrative Sexual Assault,(( Section 5, The Protection of Children from Sexual Offences Act, 2012.)) which has a higher degree of punishment.

What is Gang Rape?

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

Gang rape refers to the rape of a woman by multiple people/a group of people acting together with the common intention to rape. In a case of gang rape, each person in the group is guilty of the crime.1

The punishment for gang rape is rigorous imprisonment for twenty years to imprisonment for the rest of the perpetrator’s natural life and fine.2

If the survivor is below eighteen years, the punishment is life imprisonment for the rest of the perpetrator’s life along with fine, or death.

Further, the perpetrators must pay a fine that is just and reasonable to meet the medical expenses and rehabilitation of the survivor. The fine is paid to the survivor.

  1. Section 70(1), Bharatiya Nyaya Sanhita, 2023 [↩]
  2. Section 70, Bharatiya Nyaya Sanhita, 2023 [↩]

What is an Inappropriate Sexual Touch?

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

If someone inappropriately touches a person with a sexual intention, it is a crime under the law. The touch may or may not be forceful, but the perpetrator will still be punished for their actions. Under the law, only a man can be punished for the crime.(( Section 354 and 354A(1)(i), Indian Penal Code, 1860.))

The sexual touch is inappropriate if it is with a sexual intention and without a person’s consent. Some examples are:

  • Making someone feel uncomfortable, scared or annoyed. For example, touching a person longer than needed.
  • Touching a person with the intention to sexually harass them.(( Ramkripal v. State of Madhya Pradesh, (2007) 11 SCC 265.)) For example, touching a person without their permission on any visible skin on a person’s body, be it under or over their clothes.
  • Causing any injury or harm to the person.(( Section 350, Indian Penal Code. [Commonly referred to as Criminal Force].)) For example, spanking a person(( Mrs. Rupan Deol Bajaj & Anr v. Kanwar Pal Singh Gill & Anr 1995 SCC (6) 194.)) or forcefully touching their body.(( State of Rajasthan v. Hetram, 1982 Cr LR ( Raj) 522, T Manikandan v. State of Delhi and Others CRL.REV.P. 404/2016 Order dated: 10.01.2017,  Digamber Harinkhede and Chhotu Alias Hanslal Harinkhede v. State of Madhya Pradesh.))

The punishment for inappropriately touching someone is a jail time of minimum one year and maximum five years with a fine.(( Section 354, Indian Penal Code, 1860.))

Blackmailing a Child and Sexual Harassment

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

If someone threatens a child or records((Section 11(v), The Protection of Children from Sexual Offences Act, 2012.)) any sexual act done to a child, then anyone including the parents can complain against them. Blackmailing a child is a punishable crime punishable under the law with jail time of three years and/or a fine.(( Section 12, The Protection of Children from Sexual Offences Act, 2012.))

For example, if Seema’s tuition teacher has sexually abused her, recorded a video of it and blackmails her parents for favours or money, then the parents should immediately complain to the police and other authorities who will take action.

Anyone can call the police  to report the blackmail and the sexual abuse itself. Under the law, instances of blackmailing are classified as a crime of sexual harassment.(( Section 11, The Protection of Children from Sexual Offences Act, 2012.))  The punishment is jail time of two years and/or a fine.(( Section 503 and 506 of the Indian Penal Code, 1860.))

What are Sexual Favours or Demands?

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

If anyone asks for or demands any sexual favours from a person without their consent and despite their disinterest, then it is a crime. Under the law, only a man can be punished for the crime.(( The State of Maharashtra vs. Allha Abdul Rahim Mohd. and Ors IV (2018) CCR 61(Bom.)))

If the request or the demand is followed by someone physically hurting someone or using any kind of forceful behaviour, then there is a higher punishment for such actions. If the perpetrator’s behavior injures, creates fear or annoys a person and is done without their consent, then this means that the perpetrator is said to have used force on them.

For asking for sexual favours or making sexual demands the punishment is jail time up to three years and a fine.(( Section 354(1)(ii), Indian Penal Code, 1860.))

Place of Work 

If this happens to person at their place of work, then they not only have an option to go to the police, but can also file a complaint with the Internal Committee which is an internal mechanism in workplaces to deal with sexual harassment.(( The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.))

Child Pornography

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

The law can punish any person who uses children in any form of media (advertisements, internet, printed form, etc.) for sexual gratification. This includes(( Section 13, The Protection of Children from Sexual Offences Act, 2012.)):

  • Representing a child’s sexual organs
  • Using children in real or simulated sexual acts
  • Indecent or obscene representation of children.

It is a crime to involve a child in recording, preparing, offering, publishing, or distributing pornographic material. It is not necessary that the child must be used only for the above activities. It is child pornography even if someone uses a child in making porn in any other way. For example, if a person is involved in editing, selling, or distributing child porn, or any other related activity it would amount to child pornography.

The punishments for child pornography may vary according to the extent of the involvement of the child and the nature of the crime.(( Section 14, The Protection of Children from Sexual Offences Act, 2012.))

Crime Punishment
Using a child for pornographic purposes First offence – Jail time of at least five years and a fine

Subsequent offences – Jail time of at least seven years and a fine
Storing or having child pornographic material for displaying or distributing it Jail time of up to three years and/or a fine
Storing or having child pornographic material for commercial purposes First offence – Jail time of three to five years and/or a fine

Subsequent offences – Jail time of five to seven years and a fine

If any person knows about such pornographic material then they must report the same to the local police or Special Juvenile Police Unit or the cybercrime portal (cybercrime.gov.in).1

  1. Rule 11, Protection of Children from Sexual Offences Rules, 2020. [↩]

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 [↩]