| Portfolio Keyphrase: Non-physical Sexual Harassment of child
Tags: Abuse, Violence, Crime, Children, Explainer |
[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.))
[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.(( Section 376(1), Indian Penal Code, 1860.))
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 life), along with a fine.(( Section 376(3), Indian Penal Code, 1860.)) If the survivor is below twelve years, the perpetrator can be given the death penalty.(( Section 376AB, Indian Penal Code, 1860.)) 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 which 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), or with death.(( Section 376E, Indian Penal Code, 1860.))
[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.))
| Portfolio Keyphrase: Physical Sexual Assault of child
Tags: Abuse, Violence, Crime, Children, Explainer |
[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 offenderis 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.
[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.(( Section 376D, Indian Penal Code, 1860.))
The punishment for gang rape(( Section 376DA, Indian Penal Code, 1860.)) is imprisonment for twenty years to life imprisonment (imprisonment for the rest of the perpetrator’s life). If the survivor is below sixteen years, the punishment is life imprisonment for the rest of the perpetrator’s life. If the survivor is below twelve years, the perpetrators are punishable with death also.
Further, the perpetrators must pay a fine which is just and reasonable to meet the medical expenses and rehabilitation of the survivor. The fine is paid to the survivor.
[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.))
| Portfolio Keyphrase: Blackmailing a child
Tags: Abuse, Violence, Crime, Children, Explainer |
[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.))
If someone has been previously held guilty for the crime of rape/gang rape, and they are subsequently held guilty for rape/gang rape again, they are punishable with life imprisonment (imprisonment for the remainder of that person’s natural life) or death.(( Section 376E, Indian Penal Code, 1860.))
[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.))
| Portfolio Keyphrase: Child pornography
Tags: Abuse, Violence, Crime, Children, Media, Explainer |
[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).
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