sexual violence among children below 18 years

laws arelated to pocso

1. CHILD ABUSE &
VIOLENCE
INTERPERSONAL &
DIGITAL
Advocate SHILPA DALMIA
Trustee & Founder
SWAVLAMBI SANKALP Foundation Trust

2. INTROSPECTION
Are we legally literate?
VIOLENCE/ ABUSE/ ASSAULT ?????
Determine Define Suggest
SPEAK UP

3. EXPLORATION
VOICE आ
वाज़
conscience – inner + social
LAW
विधि
/ का
नून
TRUTH
सत्य
/ स
चाई
statute – bare act?????
empowerment through law
Instrument of social change
JUSTICE न्
याय
what we aim and what we require

4. O
t
h
e
r
s
Violence Over the Life CycleViolence Over the Life Cycle
F
a
m
ily

m
e
m
b
e
r
s
I
n
ti
m
a
t
e
p
a
r
t
n
e
r
Prebirth/
Infancy
Adolescence Reproductive Older
ages
Violence by states (e.g. rape in war)
Trafficking
Acid throwing
Non-partner rape/harassment/violence
Dowry deaths/honor killings
Differential access to food/medical care Psychological
abuse; Coerced sex/rape/harassment; Physical violence;
Violence during pregnancy
Female infanticide; FGC/M
Sex-selective abortion
Differential access to food/medical care
Violence in pregnancy
Physical and sexual violence
Psychological abuse

5. EXPLORATION
PHYSICAL ABUSE
EMOTIONAL ABUSE NEGLECT
SEXUAL ABUSE
DISCUSSION ON ITS IMPACT ON SOCIETY & CHILDREN

6. SOME MYTHS
1.Abuse only happens to girls
2.Only men are abusers
3.Teaching children about abuse scares them
4.Abuse happens to high-risk children;
it cannot happen to US
5.Abuse does not happen in good families
6.Abuse is inevitable – we can’t prevent it;
we can only treat children afterwards
7.Abuse is a problem of strangers in parks

7. 1.Response/ Recourse for children :
Law & Punishment
- Bullying, Eve- teasing, and Stalking
- Dating violence – Peer abuse – Elopement cases
and Consensual Sex
- Technology & Violence-
Social Media Cases/ Instances
2.Redress: When offence happens
Helpline
Legal Aid
Police Functioning
Hospital/ Doctor Functioning
Court Functioning
AREA OF FOCUS

8. Response/ recourse for children :
Law & Punishment
1. Bullying, Eve- teasing, and Stalking
2. Dating violence – Peer abuse – Elopement cases
and Consensual Sex
3. Technology & Violence-
Social Media Cases/ Instances

9. Bullying, Eve- teasing, and Stalking

10. BULLYING
•Why bullying, eve teasing, stalking:
CONSTANT VALIDATION
•The victims
•The bullies
•The witnesses

ABETMENT OF SUICIDE
PROCEEDINGS ARE
INITIATED
CAN BE PUNISHED UNDER
THE LAW AS IF THEY
COMMITED THE OFFENCE

11. Legal Provisions
  Section 503 IPC
“whoever threatens another with any injury to his person, reputation or property,
or to the person or reputation of anyone in whom such person is interested, with
the intention that he is put under threat so that it causes such person to do act
which he is not bound to do legally or omit to do act which he is legally entitled to
do, as means to avoid execution of such threat commits criminal intimidation.”
Section 506 IPC
outlines the punishment for criminal intimidation with imprisonment for a term of
either description that may extend to two years or fine or both. Where the threat
is of death. Grievous hurt, or cause of an offence punishable by death/term up to
seven years or impute unchastity to a woman, the punishment may extend to
seven years, or with fine, or with both.
Section 507 IPC
makes criminal intimidation by anonymous communication (for example by
concealing his location or identity, which is often done through online modes)
punishable with imprisonment of up to two years in addition to the punishment
prescribed by Section 506 of IPC. It is a non
‐cognizable
and bailable offence.

12. EVE-TEASING
What constitutes eve teasing?
•Making comment to the annoyance of the other
•Saying things extremely inappropriate
•Sing songs which are obscene
•Constantly staring or even whistling
•Section 294 IPC: Obscene acts and songs - punishable
upto three months imprisonment or fine or both
…cont

13. Legal Provisions
  Section 294 (IPC)
Sentences a man found guilty of making a girl or woman the target of obscene gestures,
remarks, songs or recitation to a maximum jail sentence of three months.
Section 292 (IPC)
showing pornographic or obscene pictures, books or papers to a woman or girl results
in a fine of Rs.2000 with two years imprisonment for first offenders.
Section 509 (IPC)
obscene gestures, indecent body language and negative comments directed at any
woman or girl or exhibiting any object which intrudes upon the privacy of a woman,
carries a penalty of imprisonment for one year or a fine or both.
The
 Criminal Law (Amendment) Act, 2013
 
introduced changes to the Indian Penal Code,
making sexual harassment an expressed offence under Section 354 A, which is punishable
up to three years of imprisonment and or with fine. The Amendment also introduced new
sections making acts like disrobing a woman without consent,
 
stalking
 and sexual acts by person in authority an offence

14. STALKING
What constitutes stalking?
•If one keeps walking behind the boy or girl for fun
•Follows the boy or girl to his house for fun
•One keeps blank calling or prank calling or messaging
which are not welcome
…cont

15. Laws in relation to stalking
•Section 354D IPC: Stalking - imprisonment upto three years with
fine on first conviction/imprisonment upto five years with fine for
second or subsequent conviction.
•Section 509 IPC: 3 years and fine
•Information Technology Act, 2000
Section 72: Breach of confidentiality and privacy.
Section 72A:Punishment for Disclosure of information in breach of
lawful contract.
•SECTION 11(iv) POCSO Act, 2012 : 3 years and fine

16. SOME OF THE HIGHLIGHTS :
•The Act defines a child as any person below the age of 18
years and provides protection to all children under the age of
18 years from the offences of sexual assault, sexual
harassment and pornography.
•Punishment is provided for the use of children for the
pornographic purpose and for storing the pornographic
material involving children.
•The Act incorporates child friendly procedures for reporting,
recording of evidence, investigation and trial of offences.
Protection of Children from Sexual Offences
Act, 2012
…cont

17. •The attempt to commit an offence under the Act has
also been made liable for punishment for up to half the
punishment prescribed for the commission of the
offence.
•The Act also provides for punishment for abetment of
the offence, which is the same as for the commission of
the offence. This would cover trafficking of children for
sexual purposes.
•For the more heinous offences of Penetrative Sexual
Assault, Aggravated Penetrative Sexual Assault, Sexual
Assault and Aggravated Sexual Assault, the burden of
proof is shifted on the accused.
•The media has been barred from disclosing the identity
of the child without the permission of the Special Court.

19. Laws in relation to stalking
SECTION 12 POCSO ACT
•When the child who is a victim is under the age of 18 in
addition to IPC, the act would attract the provision of POCSO
Act as well
•If the person makes a sound for fun or the target of obscene
gestures, remarks, songs or recitation, punishment under
Section 12 of the POCSO Act would pursue where the prison
term extend upto three years

20. •An Act to consolidate and amend the law relating to children alleged and found
to be in conflict with law and children in need of care and protection
•Catering to their basic needs through proper care, protection, development,
treatment, social re-integration
•Adopting a child-friendly approach in the adjudication and disposal of matters in
the best interest of children
•Their rehabilitation through processes provided, and institutions and bodies
established
•For every district, one or more Juvenile Justice Boards for exercising the powers
and discharging its functions relating to children in conflict with law under this
Act.
JUVENILE JUSTICE (CARE AND PROTECTION
OF CHILDREN) ACT, 2015

21. CHILD IN CONFLICT WITH LAW
•Child below the age of 18 years who commits an
offence.
•Depending on the nature of the act perpetrated he or
she can be sent to a juvenile home for a period of three
years.
•If the act perpetrated by a child in conflict with law
between 16 to 18 years is of a SERIOUS NATURE: be tried
as an adult under IPC and be sent to jail for the period of
the sentence as specified in the act & directed by the
court

22. ANTI-RAGGING COMMITTEE
•In 2015 HRD ministry directed schools to form anti-
ragging committee at school level also putting severe
punishment to students indulging in bullying etc. and
the punishment may include rustication apart from
criminal liability.

23. Dating violence – Peer abuse –
Elopement cases
and Consensual Sex

24. DATING VIOLENCE
1.Physical violence
2.Psychological/emotional or verbal abuse
3.Sexual abuse

25. PHYSICAL DATING VIOLENCE
Includes wide spectrum of activities such as
•scratching,
•slapping,
•pushing,
•slamming or
• holding someone against a wall,
•biting,
•choking,
•burning,
•beating and
•assault with a weapon

26. PHYSICAL DATING VIOLENCE
•Section 323 IPC: Punishment for voluntarily causing
hurt - imprisonment for one year or with fine which
may extend to one thousand rupees or with both
•Section 325 IPC: Punishment for voluntarily causing
grievous hurt - imprisonment for seven years and fine
•Section 354B IPC: Assault or use of criminal force to
woman with intent to disrobe: Punishment of not less
than three years but which may extend to seven
years

27. PSYCHOLOGICAL/EMOTIONAL/
VERBAL ABUSE
Includes
•insulting,
•criticizing,
•humiliating in front of friends, or
•berating a partner

28. SEXUAL ABUSE
•Section 12 POCSO Act: Punishment for sexual harassment -
imprisonment which may extend to three years
•Section 354A IPC: Sexual harassment - imprisonment which may
extend to three years or fine or both
•Section 354B IPC: Assault or use of criminal force to woman with
intent to disrobe - punishment of not less than three years but
which may extend to seven years
•Section 354C IPC: Voyeurism - imprisonment upto three years
with fine on first conviction/imprisonment upto seven years
with fine for second or subsequent conviction

29. CONSENSUAL SEX
•POCSO Act does not confer any sexual autonomy to children and
will be liable for committing sexual offence under the act
•If two dating partners engaged in sexual activities under the age
of 18 years even if they have consented, then penal provision
under Section 4 (Penetrative Sexual Assault), 6 (Aggravated
Penetrative Sexual Assault) and 8 (Sexual Assault) of the POCSO
Act would be attracted.
•Under Section 4, the punishment if the person was 18 and above
can be anything from 7 years to imprisonment for life, under
Section 6 it can be from 10 years to life imprisonment and under
8 it can be imprisonment for a term between 3-5 years.

30. ELOPEMENT CASES
•There are number of cases before the Supreme Court and
High Court where a girl below 18 years elopes with her lover
which results in her family lodging an FIR under Section 361
IPC for kidnapping from the lawful guardianship and Section
366 of IPC alleging that the girl was forced to marry the boy
•Section 361 IPC: Kidnapping from lawful guardianship –
imprisonment for 7 years and fine
•Section 366 IPC: Kidnapping, abducting or inducing woman
to compel her marriage, etc. – imprisonment for 10 years
and fine.

31. Technology & Violence-
Social Media Cases

32. Technology & Violence
PUBLISHING,
TRANSMITTING
OBSCENE CONTENT
(S. 67 IT ACT)
___________________
•RECEIVING STOLEN
COMPUTER
RESOURCE (S. 66B IT
ACT)
•IDENTITY THEFT
(S.66C IT ACT)
•BREACH OF PRIVACY
& CONFIDENTIALITY
(S.72/ 66E IT ACT/ S.
23 POCSO ACT)
COMPUTER RELATED
OFFENCES (S.66)
___________________
•HACKING (S.43/66 IT
Act)
•CHEATING BY
PERSONATION (S.66D
IT ACT + S. 419 IPC)
•VIOLATION OF
PRIVACY (S.66E)
•DISCLOSURE OF
INFORMATION IN
BREACH OF LAWFUL
CONTRACT (S.72A IT
ACT)
SENDING OFFENSIVE
MEEAGES (S.66A)
___________________
•PUBLISHING OR
TRANSMITTING
SEXUALLY EXPLICIT
ACT (S.67A IT ACT)
•CHILD
PORNOGRAPHY
(S.67B IT ACT + S. 4/
11 POCSO + S.
294/376 IPC)
•CHILD GROOMING
(S.67B IT ACT)
•SEXTING (S.67/67A IT
ACT OR 11/12 POCSO
ACT

33. SELF HELP APPROACHES
•Do not share personal information in public spaces anywhere
online, nor give it to strangers, including e-mail or chat rooms
•Do not ever reply to offensive, defamatory, provocative e-
mails if you get them
•Do not respond to flaming, or get provoked online
•You can use online segregating tools such as blocking of the
email ID, reporting of spams, and are also advised to use
strong encryption programmes such as the Pretty Good
Privacy (PGP) which ensure complete private communications
…cont

34. SELF HELP APPROACHES
•If you are being stalked, you don’t have to be a victim.
Report the incident to your internet service provider,
police station in your city or an online help agency and
also take advice from your techno-savvy friends.
•Keep evidence of possible harassment by saving messages
or copying and pasting them to self e-mails. Prevention is
always better than cure

35. TIPS ON TAKING LEGAL RECOURSE IN
CYBERCRIME CASES
•In case a child becomes a victim of online sexual abuse
the matter must be immediately report to the Cyber
Crime Cell nearest to the place where the victim resides;
•The social media website or internet service provider
through which such crime is being perpetrated by the
criminal must be immediately informed in writing to
block, disable or delete content and preserve a copy for
investigation purposes;
…cont

36. TIPS ON TAKING LEGAL RECOURSE IN
CYBERCRIME CASES
•An Internet Service Provider under Section 79 of the IT Act
read with the I.T. Intermediary Guidelines Rules, 2011 is under
an obligation to take a necessary action based on the
complaint received within 36 hours of the receipt of the
complaint;
•In addition to criminal complaint, in defamation cases or that
of loss of data or destruction to a computer or computer
resource or any other loss covered by section 43 of I.T. Act,
2000, compensation can be claimed under 43 of the I.T. Act,
2000 by filing a claim before Adjudicating Authority appointed
under the I.T. Act, 2000;
…cont

37. TIPS ON TAKING LEGAL RECOURSE IN
CYBERCRIME CASES
•All electronic evidence must be gathered and stored
safely for investigation purpose or to pursue legal actions.
It is advisable to consult a cyber law expert for
professional guidance at the earliest. The cyber law
expert will assist in drafting the criminal complaint and
advice on recommended legal course of action. You may
also require assistance of a cyber forensic expert and/or
child psychologist to deal with the situation.

38. REDRESS: WHEN OFFENCE HAPPENS
1.Helpline
2.Legal aid
3.Police Functioning
4.Hospital
5.Court functioning

39. REDRESS: WHEN OFFENCE HAPPENS
•Helpline: Call 1098,
9868235077
 
•POCSO E-Box: www.ncpcr.gov.in

40. LEGAL AID
As per Section 12 of the Legal Services Authorities Act, 1987,
Delhi State Legal Services Authority provides Free and
Competent Legal Services to all categories of Children:-
•Child in Conflict with law
•Children in need of Care and Protection (Children Homes)
•Street Children
•Child Labour
•Children Victim of Crime (POCSO Victim)
•Missing Children (Trafficked Children)
•School Children (Mass Legal Literacy Campaign)
…cont

41. LEGAL AID
ONE STOP CENTRES
•Hospitals
•Court Complexes
 
•VICTIM COMPENSATION SCHEME, 2015
•WITNESSES PROTECTION SCHEME, 2015
•24 x 7 telephone helpline 1516

42. REDRESS: WHEN OFFENCE HAPPENS
•Police functioning
•Hospital
•Court functioning

43. WHAT WE CAN DO?
• Recognize abuse or threat of abuse
• Say No. Speak up. Or it will become pattern. You have
to raise your voice instantly
•Understand that you have rights along with
responsibilities and duties.
•Raise your voice against abuse not just of your own,
but also that of your friends and even strangers.
Conclusion

44. 8-STEP GUIDE TO SAFETY
1.Ask and Do
2.Be aware of your surroundings and your body language
3.Listen to your feelings
4.Say “NO!”
5.Get Away
6.If physically overpowered, use self defence techniques
to get away
7.Talk to a trusted adult
8.Keep telling till someone believes you

45. THANK YOU
ध
न्यवाद
1/276, SHRI RAM NAGAR, G.T. ROAD SHAHDARA DELHI
-110032, INDIA
[phone] [email protected]