Theme: Violence and Abuse

Are the offences bailable or non-bailable/ cognizable?

The crime of throwing or helping someone throw acid, is both cognizable and non-bailable.((  Sections 326A and 326B, Indian Penal Code, 1860.))

A cognizable offence is a crime for which a police officer can arrest the perpetrator without a warrant.((  Section 2(c), Code of Criminal Procedure, 1973.))

Non-bailable offence is a crime for which bail is not a right and the discretion lies with the court to either grant it or not. To learn more about bail in non-bailable offences, you can read our explainer on Bail for Non-Bailable Offences.

Cyber Stalking

If any person monitors the following used by a woman, it amounts to cyber stalking:

  • Internet
  • Email
  • Any other form of electronic communication
  • Social media platforms

For example, if someone is contacting you on multiple social media platforms despite making it clear that you are not interested in interacting with this person, then this means that they are stalking you online.

Anyone who is stalking you, if convicted for the first time, can face jail time up to three years and a fine, and on the second conviction, jail time up to five years and a fine.(( Section 354D, The Indian Penal Code, 1860.))

Appeal against Ragging Complaints

Sometimes, it is possible that in the case of a ragging complaint, a student feels aggrieved or upset by the decision given by the Anti-Ragging Committee. In such a case, you can appeal against the decision given. For example, Ram punched Shyam because Shyam, being a junior, did not agree to perform a dance.  Shyam reported this incident to the Anti-Ragging Committee. The Committee decided to suspend Ram from the college for a month, and Ram felt aggrieved by it. In such a case, Ram can appeal against the decision of the Anti Ragging Committee.

Any student can appeal against any punishment given by the Anti-Ragging Committee. However, the authority you appeal to will depend on who makes the decision for the punishment. See below to find the right authority to appeal to.(( Section 9.1 (c), the UGC Regulations On Curbing The Menace Of Ragging In Higher Educational Institutions, 2009.)) It depends on whose decisions you are aggrieved by.

Appeal for Decision of a college affiliated with a University

If you are aggrieved by the decision of a college which is affiliated with a University, you must appeal to the Vice-Chancellor of the University. For example, if you study at Hansraj College, in Delhi, you must appeal to the Vice-Chancellor of Delhi University.

Appeal for Decision of a University

If you are aggrieved by the decision of a University, you must appeal to the University’s Chancellor.

Appeal for Decision of an Institution of National Importance 

If you are aggrieved by the decision of an institution which is of national importance you must appeal to the Chancellor/Chairman of that institution. For instance, some examples are the National Institute of Technology, All India Institute of Medical Sciences. You can find a list of institutions of national importance.(( https://www.education.gov.in/en/institutions-national-importance))

How do you seek medical treatment?

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

The medical process for the treatment of acid attack survivors is:

Step 1: First Steps and Immediate Treatment

The survivor should be rushed to the nearest hospital to receive immediate medical treatment. The treatment must be provided free of cost.(( Section 357C, Code of Criminal Procedure, 1973.)) First aid must be administered and the survivor needs to be stabilized. Legal action can be taken against any hospital that refuses to provide medical assistance to the survivor.(( Section 357C, Code of Criminal Procedure, 1973.))

Step 2: Medical Treatment of Survivor

Once the survivor has received primary treatment, they may then either be shifted to a specialized hospital for further treatment or treated in that same hospital, if they have the facilities to do so.

Step 3: Medical Certificate for Survivor

The hospital where the survivor is first treated should provide the individual with a certificate stating that the person is a survivor of an acid attack. This certificate may be used for treatment and reconstructive surgeries or any other state government or Union Territory schemes that the person may wish to avail of.(( Laxmi v. Union of India and Others, (2016) 3 SCC 669, order dated 10/4/2015 [37].))  Further, it must be attached to the application for claiming compensation under the Victims Compensation Scheme.

Anonymous Threats and Blackmailing

If you get anonymous threats online or you are blackmailed online, you can file a complaint with the cyber cell. To file a complaint, it is not necessary to know who is responsible for the crime. You should try and tell the police whatever you know, but you don’t have to know all the details. The person threatening or blackmailing you may be punished with jail time up to seven years or a fine or both.(( Section 507, The Indian Penal Code, 1860; Section 503, The Indian Penal Code, 1860; Section 506, The Indian Penal Code, 1860.))

Punishment for Ragging

If any student is caught ragging another student, he or she can be punished. Additionally, the punishment can be in the form of:

  • Administrative actions against the student – For example, suspension from the college, suspension from the hostel, etc.
  • Police complaint against the student – If a complaint or FIR is filed against the student, then a case can be made under the Indian Penal Code, 1860 (IPC) which will lead to more serious charges, like jail time or a fine.

Administrative Punishments

If you are caught ragging, the Anti-Ragging Committee can punish you with(( Section 9.1, the UGC Regulations On Curbing The Menace Of Ragging In Higher Educational Institutions, 2009.)):

  • Suspension from attending classes and academic privileges.
  • Withholding/withdrawing scholarship/fellowship and other benefits.
  • Debarring you from appearing in any test/examination.
  • Withholding results.
  • Debarring you from representing the college in any regional, national or international meet, tournament, youth festival, etc.
  • Suspension/expulsion from the hostel.
  • Cancellation of admission.
  • Rustication from the college for a period ranging from one to four semesters.
  • Expulsion from the college and consequent debarring from admission to any other college for a specified period.

Police Complaint

In more serious cases of ragging,(( Section 7, the UGC Regulations On Curbing The Menace Of Ragging In Higher Educational Institutions, 2009.)) if an FIR or police complaint is filed, the student may be punished under the Indian Penal Code, 1860 (IPC). Some of the acts that are punishable under the IPC are:

Physical Abuse 

Ragging may include subjecting a student to physical abuse and violence. Some instances are:

  • If a person intentionally hurts someone,(( Section 321, the Indian Penal Code, 1860.)) he can be punished with jail time of up to 1 year and/or a fine up to Rs. 1000.(( Section 323, the Indian Penal Code, 1860.)) For example, punching a student or kicking a student.
  • If someone intentionally causes someone grievous hurt,(( Section 322, the Indian Penal Code, 1860.)) he can be punished with jail time of up to 7 years and a fine.(( Section 325, the Indian Penal Code, 1860.)) For example, beating up a student which results in fractures or injuries.
  • If someone intentionally uses any kind of force on someone without that person’s consent which may cause an injury, fear or annoyance,(( Section 350, the Indian Penal Code, 1860.)) he can be punished with jail time of up to 3 months and/or a fine up to Rs. 500.(( Section 352, the Indian Penal Code, 1860.)) It is punishable. For example, pushing a student onto the road to scare him or locking a student in a room for days.

Sexual Abuse

If someone sexually abuses a student while ragging them, it is an offence. For example, if someone touches a woman sexually and forcefully, or harasses her, or stalks her, it is an offence. Read more here.

Restricting Movement 

Ragging may include restricting the movement of a student or locking him up. Some instances are:

  • It is an offence if someone voluntarily obstructs a person so he is not able to move in a certain direction.(( Section 339, the Indian Penal Code, 1860.)) For example, not letting a student come to the college canteen by obstructing his way. The punishment for this is jail time of up to 1 month and/or a fine of Rs. 500.(( Section 341, the Indian Penal Code, 1860.))
  • It is an offence if someone voluntarily restrains a person so that he is not able to move beyond a certain limit (i.e. locking him up).(( Section 340, the Indian Penal Code, 1860.)) For example, if a student ties up another student to a tree, it can be considered a crime under this law. The punishment for this is jail time of up to 1 year and/or a fine up to Rs. 1000.(( Section 342, the Indian Penal Code, 1860.))

Blackmail 

Ragging may include subjecting a student to blackmail and intimidation. Some instances are:

  • Scaring someone or threatening to hurt him to make him give something of value.(( Section 383, the Indian Penal Code, 1860.)) For example, Ram threatens Shyam that unless Shyam gives him money, Ram will publish defamatory material about him, and so Shyam gives him money. Thus, Ram has committed this offence. The punishment for this is jail time up to 3 years and/or a fine.(( Section 384, the Indian Penal Code, 1860.))
  • Threatening someone, his reputation, his property or anything else the person is interested to make him or not make him do something or alarm that person.(( Section 503, the Indian Penal Code, 1860.)) For example, if Ram threatens Shyam that unless Shyam gives him money, Ram will burn his house, and because of this Shyam gives him money, Ram has committed this offence. The punishment for this is at least jail time of up to 2 years and/or a fine.(( Section 506, the Indian Penal Code, 1860.)) The punishment may be more severe in other cases.

However, please note it is ragging even if someone attempts or threats to commit any of these acts. Additionally, you can also complain on someone else’s behalf. Learn more here on how to complain against ragging.

Who can file a Complaint?

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

The complaint can be filed by:

  • The survivor of the acid attack
  • A relative, friend or acquaintance
  • Any person who has witnessed the crime
  • Any person who knows such an attack is going to happen

The first point of contact for anyone who wants to complain about the crime is the police. It is not necessary that you must have all the information about the crime in order to file an FIR (First Information Report). But it is important that you report everything you know to the police. You can find out more about how to file an FIR here.

An FIR in itself is not a criminal case filed against someone. It is just information received by the police relating to the commission of a crime. A criminal case begins when the charge sheet is filed by the police before the court and a Public Prosecutor is appointed by the State.

Abusive Language and Photoshopping

If someone uses abusive language against you online or photoshops your image into content which is abusive or sexually coloured, that person can be punished(( Section 67, Information Technology Act, 2000.)) under the law. The abusive language or picture or video should:

  • Relate to a feeling or revealing of a sexual interest or sexual desire against you or;
  • Relate to any excessive interest in sexual matters or;
  • Relate to content which would deprave or corrupt you, if you read or saw it online, like pornography.

The punishment for the first conviction is jail time up to three years and a fine up to five lakhs and for the second conviction, a jail term which may extend to five years and a fine up to rupees ten lakhs. 

How do you file a complaint?

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

The legal process following an acid attack is:

Step 1: File an FIR

A First Information Report (“FIR”) can be filed in the police station against the accused. This FIR can either be filed by the survivor, their family members, any person who has witnessed the crime, or any person who comes to know of the crime.

Since acid attack and throwing/ attempting to throw acid are cognizable offences under S. 326A and 326B respectively of the IPC, the police may arrest the accused without a warrant, where the police are of the opinion that the person is dangerous to be allowed to remain free. The person filing an FIR also has the right to get a free copy of the FIR.

Step 2: Police Investigation Starts

After the filing of the FIR, the police will investigate the complaint and submit a final report based on the investigation and witness statements. This investigation should be completed within a time span of 60 to 90 days, when the accused is in custody.(( Section 167, Code of Criminal Procedure, 1973.))

Step 3: Filing Charge Sheet and Trial Begins

Upon investigation, if the police are of the opinion that there is sufficient evidence of the crime being committed by the accused, they can file a charge sheet with a competent criminal court, requesting it to take notice of the case. This commences the trial process. If there is inadequate evidence, a closure report can be filed with the Magistrate to close the case. However, this may be challenged. Please take the help of a lawyer in the relevant district court for the trial process.

Physical Threats

Online threats of causing physical injury or harassment can be intimidating, and is considered a crime. For example, if someone messages you on Facebook that they will beat you up, it is considered a threat of physical injury. You can approach the relevant authorities, and file a complaint. 

In legal terms, this is called criminal intimidation, and it is punishable with jail time up to two years or a fine or both.1

  1. Section 506, The Indian Penal Code. [↩]