Theme: Sexual Violence

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

Portfolio Keyphrase: Aggravated sexual abuse by authority figure

Tags: Abuse, Violence, Crime, Children, Explainer, Family, Parents

[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.(( Section 228A(1), Indian Penal Code, 1860.)) 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.(( Section 228A(3), Indian Penal Code, 1860.))

The identity of the survivor can only be revealed:((Section 228A(2), Indian Penal Code, 1860.))

  • 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.

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 is 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.(( Section 327(2), Code of Criminal Procedure, 1973.))

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.(( Section 114A, Indian Evidence Act, 1872.)) Then, it is up to the accused person’s lawyer to prove, if possible, that the survivor actually consented.

The inquiry or trial is completed within two months from the date of filing the charge sheet.(( Proviso to Section 309(1), Code of Criminal Procedure, 1973.))

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

Portfolio Keyphrase: Recording sexual abuse statement of child

Tags: Abuse, Violence, Crime, Children, Explainer, Courts, Police

[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

Portfolio Keyphrase: Filing a police complaint of child sexual abuse

Tags: Abuse, Violence, Crime, Children, Explainer, Police, Courts

[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

Portfolio Keyphrase: Child friendly court process

Tags: Abuse, Violence, Crime, Children, Explainer, Court, Police

[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.)).