Theme: Sexual Violence

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.))

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 [↩]

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 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 [↩]

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.))

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

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

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.))

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

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.))

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

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

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.))

Recording a Child’s Statement on Sexual Abuse

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

While recording a child’s statement on the abuse, the police should do the following((  Section 24, The Protection of Children from Sexual Offences Act, 2012.)):

  • The child’s statement should preferably be recorded by a woman police officer not in uniform.
  • It should be recorded at the child’s home or any place they feel comfortable.
  • It should be recorded in the language spoken by the child.
  • It should be recorded in the presence of a trusted adult and/or an expert, interpreter, translator, or social worker.
  • The child’s medical examination should be done within 24 hours in the presence of the parents or a trusted adult.
  • Frequent breaks should be taken while the child is narrating the incident. The child shouldn’t be rushed while recording the statement.
  • The police should use audio or video recording devices, if available.
  • The police officer should read out the recorded statement to the child.
  • The child/parent should get a copy of the statement.

The Magistrate must do the following while recording a child’s statement((  Section 26, The Protection of Children from Sexual Offences Act, 2012.)):

  • The child’s statement must be recorded in the presence of the parents or any other person whom the child trusts.
  • The Magistrate can take the help of a translator or an interpreter while recording the child’s statement.
  • If the child has a mental or physical disability, the Magistrate can take the assistance of a special educator or any other expert.
  • The Magistrate can ensure that the statement of the child is recorded on camera.

Police Complaint against Child Sexual Abuse

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

When a person approaches the police to make a complaint against child sexual abuse, the following process will take place:

  • The police will make a written record of the complaint.
  • Based on the report, if the police believe that the child needs immediate care and attention, they will shift the child to a hospital or a shelter home.

On reporting the crime, a person who makes a genuine complaint does not have to worry about being pulled up in court if the offender is not convicted(( Section 19(7), The Protection of Children from Sexual Offences Act, 2012.)).

Child-Friendly Court Process

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

There are Special Courts set up to deal with child sexual abuse because of the sensitivity of the issue. Unlike normal Courts, these Courts are supposed to follow a special procedure to make sure that the child feels safe and comfortable.

If a child is the victim of sexual assault, the Special Court must ensure some child-friendly procedures for the child:

Ensuring the presence of familiar people through the legal process

The Court will allow the child’s family member/relative/friend or guardian to be present with them during the trial(( Section 33(4), The Protection of Children from Sexual Offences Act, 2012.)).

Ensuring that the legal process is not strenuous for the child

The Court will:

  • Allow frequent breaks for the child during the trial(( Section 33(3), The Protection of Children from Sexual Offences Act, 2012.)).
  • Not call the child to the Court repeatedly to testify(( Section 33(5), The Protection of Children from Sexual Offences Act, 2012.)).
  • In special circumstances, the child need not come to Court and make statements. The Court will ask an officer of the Court to examine the child at their home. The Court can take the help of a qualified translator or interpreter or special educator when recording the child’s evidence.(( Section 19 and 38(1)(2), The Protection of Children from Sexual Offences Act, 2012.))
  • Try and ensure that the evidence is recorded within 30 days and the trial is completed within one year(( Section 36, The Protection of Children from Sexual Offences Act, 2012.)).

Protecting the child from the accused and the public

  • The Court  must ensure that the child is not exposed to the accused in any way during the trial. However, the accused can hear the child’s statement. Some examples of how Courts do this include one-sided mirrors, curtains or through a video call(( Section 36, The Protection of Children from Sexual Offences Act, 2012.)).
  • The Court must have private court proceedings so that the media cannot report about the happenings in Court(( Section 37, The Protection of Children from Sexual Offences Act, 2012.)).

Questioning of a Child

Due to the sensitivity of the issue and for the  protection of the child, the lawyer of the accused is required to conduct the court process in a certain manner.

  • The lawyer cannot question the child directly. The lawyer will present the questions to the Special Court which will then question the child(( Section 33(2), The Protection of Children from Sexual Offences Act, 2012.)).

The lawyer cannot question the character of the child, for example,  by saying that the child has a history of lying to their parents(( Section 33(6), The Protection of Children from Sexual Offences Act, 2012.)).

False Reports or Complaints for Child Sexual Abuse

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

It is illegal to falsely complain about child sexual abuse or provide false information against another person alleging that they have sexually abused a child if they haven’t done so. The punishment for doing this is  jail time of one year and/or a fine(( Section 22(3), The Protection of Children from Sexual Offences Act, 2012.)).

If the false complaint or false information is made with the intention to humiliate, extort, threaten, blackmail, or defame someone, the complainant can be punished with either a jail time of 6 months and/or a fine(( Section 22(1), The Protection of Children from Sexual Offences Act, 2012.)).

However, if a child makes a false complaint or provides false information, the child cannot be punished(( Section 22(2), The Protection of Children from Sexual Offences Act, 2012.)).