Understanding Sexual Harassment

Rape involves non-consensual sexual intercourse or penetration committed against a person’s will, through coercion, deceit, or exploitation. Consent obtained under fear, intoxication, or misrepresentation is also considered invalid.

The punishment depends on the nature and circumstances of the offense:

• Basic Rape Offense: Imprisonment of not less than 7 years, which may extend to life imprisonment.

• Aggravated Rape (e.g., gang rape, custodial rape): Life imprisonment or the death penalty in extreme cases.

Under current laws, marital rape is not recognized as a criminal offense if the wife is above 18 years of age. However, legal and social activists continue to push for amendments to criminalize marital rape.

1. Approach the nearest police station and register a First Information Report (FIR).

2. The police are legally obligated to assist the victim under BNSS guidelines.

3. Provide a detailed account of the incident, ensuring no unnecessary details are omitted.

• Approach a Magistrate under Section 208 of BNSS and file a direct complaint.

• Contact higher authorities, such as the Superintendent of Police or State Women’s Commission.

• Use online platforms or helpline numbers (e.g., 1091 or 181) to report the incident.

Yes, a medical examination is critical as it provides evidence to support the allegations. The examination must be conducted in the presence of a female medical officer or a trusted individual accompanying the victim.

Yes, rape trials are conducted in camera to protect the identity and dignity of the victim. The name or identity of the victim cannot be disclosed by anyone.

Under the Juvenile Justice (Care and Protection of Children) Act, a minor above the age of 16 years may be tried as an adult for heinous crimes like rape.

• The accused can apply for bail (anticipatory or regular, as applicable).

• They are presumed innocent until proven guilty.

• False allegations can be countered with defamation or malicious prosecution claims.

Yes, but only when consent is freely given by a person above 18 years of age and without coercion, deceit, or intoxication.

Statutory rape occurs when an individual has sexual intercourse with a minor (below 18 years of age), regardless of consent.

Once an FIR is registered, it becomes the State’s responsibility to prosecute the accused. The victim cannot unilaterally withdraw the complaint, but they may inform the court if they are unwilling to pursue the case further.

No, rape cases are non-compoundable, meaning they cannot be resolved through mutual agreements or settlements.

• POCSO ensures stricter punishment for rape or sexual assault against children under 18 years.

• Special courts are established to expedite the trial process.

• Child-friendly mechanisms are employed to ensure minimal trauma to the victim.

• Seek a safe environment and contact authorities or a trusted individual.

• Preserve evidence by avoiding bathing or changing clothes until a medical examination is conducted.

• File a police complaint at the earliest.

Yes, under BNSS, sexual assault against men is recognized, though the terminology may differ. Certain laws under BNSS and POCSO provide protection for male victims, especially in cases involving children.

• Ensure immediate registration of the FIR.

• Arrange for a medical examination.

• Conduct a swift and impartial investigation.

• Ensure protection of the victim and witnesses.

1. Anticipatory Bail (Section 467, BNSS):

• If the accused anticipates arrest, they can apply to the Sessions or High Court.

• The court evaluates evidence, risk of tampering, and other factors before granting bail.

2. Regular Bail (Section 468, BNSS):

• After arrest, the accused may seek bail by assuring the court of cooperation during trial.

Under BNSS guidelines, trials related to rape and POCSO offenses must be completed within two years from the date of filing the complaint.

Any unwelcome act of a sexual nature, including physical contact, demands, verbal comments, or showing pornography.

File a complaint with the Internal Complaints Committee (ICC) under the POSH Act, 2013.

File a complaint with the police, child helpline (1098), or the Special Juvenile Police Unit under the POCSO Act.

Punishment varies from three years to life imprisonment, depending on the severity and context of the offense.

The accused can file a counter-complaint for defamation or malicious prosecution under the BNSS.

Yes, but the court considers factors such as evidence, victim’s testimony, and public interest.

Yes, through conciliation proceedings under the POSH Act, if the complainant agrees.

Offenses committed by family members, teachers, police officers, or those in positions of trust are considered aggravated.

Details of the incident, evidence (if any), witness information, and contact details of the victim.

Sample Drafts

1. Complaint to Police for Sexual Harassment

To,

The Station House Officer,

[Police Station Name],

[City, State].

Subject: Complaint Against Sexual Harassment

Respected Sir/Madam,

I, [Your Name], residing at [Address], am filing this complaint regarding sexual harassment that occurred on [Date]. The accused, [Accused's Name], engaged in [describe acts].

Kindly take immediate action under the relevant provisions of BNSS/POCSO.

Yours sincerely,

[Your Name]

2. Application for Anticipatory Bail in Sexual Harassment Case

IN THE COURT OF SESSIONS, [LOCATION]

Bail Application No: [Number]

IN THE MATTER OF:

[Name of the Applicant] … Applicant

Versus

State of [Name of State] … Respondent

APPLICATION FOR ANTICIPATORY BAIL UNDER SECTION 467 OF BNSS

The applicant, [Name], apprehends arrest in [Case Details]. The accusations are false and malicious. The applicant assures full cooperation with the investigation.

Prayer:

- Grant anticipatory bail to the applicant.

- Pass any other order deemed fit.

Filed by: [Advocate Name]

3. Complaint under POCSO Act

To,

The Station House Officer,

[Police Station Name],

[City, State].

Subject: Complaint under POCSO Act

Respected Sir/Madam,

I, [Your Name], report a grave incident of child sexual abuse involving [Child’s Name], aged [Age]. The accused, [Accused's Name], engaged in [describe acts] on [Date].

I request immediate action under the POCSO Act.

Yours sincerely,

[Your Name]