Theme: Violence and Abuse

Blocking Users on Phones

If you are being harassed by someone through calls and texts, you can block them on your phones following these steps:

Android Phones

Block Calls

To block calls on Android, go to call history and click on the contact for a few seconds. Tap on the option “Add to Blacklist” and all the calls from that number will be rejected.

Block Texts

To block SMS’s on Android, go to the SMS list and click on the SMS you want to block for 2-3 seconds and you will see the block option on the top right corner of the screen. You will continue to receive messages from that number but won’t be notified anymore and the conversation will be archived.

Apple iPhones

With iOS, you can block contacts and phone numbers on your device. You can also filter iMessages from unknown senders and report iMessages that look like spam or junk. See here for further details on the same.

Duties of Institutions to Prevent Ragging

It is the duty of the college to prevent ragging. All colleges/universities must take all measures to eliminate ragging, both within and outside the campus. Under the law, no college or institution, including all sub-units, like departments, canteen, etc., can allow ragging in any way.(( Section 5, the UGC Regulations On Curbing The Menace Of Ragging In Higher Educational Institutions, 2009.))

All colleges/universities have to take steps to prevent ragging at different stages i.e. on the admission of students and on enrollment. 

Measures during Admission 

All colleges/universities must take the measures at the time of admission of students. Some of these are:(( Section 6.2, the UGC Regulations On Curbing The Menace Of Ragging In Higher Educational Institutions, 2009.))

  • Make a Public declaration (in any format – print, audiovisual, etc.) that ragging is completely prohibited in the college, and that anyone found ragging a student will be punished under the law.
  • Provide information on ragging in the brochure of admission/prospectus. This must have the UGC Regulations On Curbing The Menace Of Ragging In Higher Educational Institutions, 2009 (UGC Guidelines) printed, with contact information of all important functionaries, like the Head, Wardens of hostels, etc. Additionally, they have to provide the number of the anti-ragging helpline.
  • Provide an affidavit with the application form. These affidavits for students and parents must that state that the student and the parents have read and understood the UGC Guidelines, are aware that ragging is prohibited and that the applicant will not engage in any ragging, and will be liable for punishment, should he or she engage in any such behaviour. Additionally, signing affidavits while applying for hostels.
  • Provide a document that reports on the social behaviour of the applicant. Such a document should include any reported misconduct so that the college can monitor the student. This document must accompany the application form.
  • Discuss measures and steps to prevent ragging with hostel Wardens, representatives of students, parents, etc. The head of the college must convene such discussions.
  • Display prominently at various locations the punishment for ragging and the provisions of the UGC guidelines and any other law which is applicable.
  • Identify and keep a close watch on locations where ragging is likely to take place. Further, the Anti-Ragging Squad should inspect such places at odd hours during the first few months of the semester.

Measures during Enrollment/Registration

All colleges/universities must take certain measures at the time of enrolment/registration of students. Some of these are:(( Section 6.2, the UGC Regulations On Curbing The Menace Of Ragging In Higher Educational Institutions, 2009.))

Giving leaflets to new students in a college that specify:

  • Persons he can reach out to in case of ragging. This should include Anti-Ragging helpline number, contact information of persons like hostel wardens, the local police, etc.
  • The inductions and programs to enable new students to interact and integrate with the senior students.
  • Rights enjoyed as a student of that college.
  • Instructions that the student should not engage in and report any ragging, even if asked by the senior students.
  • A calendar with all the activities to facilitate familiarity of the freshers with the academic environment.

Students are encouraged to report ragging. For instance, if they are the victim or they complain on another student’s behalf,  their identity is protected, and there are no adverse consequences for reporting an incident.

The batch of freshers will be divided into smaller groups, and each group will have a teacher who will interact with them daily to understand if the students have problems.

Separating freshers from seniors in hostels. In situations where this is not possible, wardens/hostel security must monitor senior students’ access to junior students.

The Head of the college must send a letter to parents of first-year students, at the end of the academic year, to inform them about the law on ragging and the applicable punishments. Additionally, the letter must also ask parents to talk to their children on not engaging in any ragging behaviour.

General Measures

In addition to the measures specified above, each college must take some general measures. Some of these are:(( Section 6.4, the UGC Regulations On Curbing The Menace Of Ragging In Higher Educational Institutions, 2009.))

  • The college must constitute authorities i.e. Anti-Ragging Committee, Anti-Ragging Squad, Mentoring Cell and Monitoring Cell on Ragging.(( Section 6.3, the UGC Regulations On Curbing The Menace Of Ragging In Higher Educational Institutions, 2009.))
  • Each hostel must have a full-time Warden. The warden should have qualifications that include an ability to discipline, prevent ragging and communicate/counsel the students.
  • The Warden must be available at all hours, and must have a well-publicized telephone number, which will be provided by the college.
  • The college must take extensive measures to publicize against ragging by means of audio-visual aids, counseling sessions, workshops, etc.
  • The colleges/universities must allow unrestricted access to mobile phones, except in classrooms, the library, etc. This is to allow students to easily complain about ragging to the Anti-Ragging Squad.
  • Sensitization of all the faculty of the college, including non-teaching staff, on ragging.

What are the offences and punishments under this law?

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

The crimes relating to acid attacks have been specified under the Indian Penal Code, 1860 and the Code of Criminal Procedure, 1973. Anyone can be punished for the crimes given below regardless of their gender. They are:

Throwing acid or attempting to throw acid

Throwing acid on a person and hurting them is a crime. The punishment for throwing acid is jail time of minimum 10 years that can be extended to life imprisonment along with a fine that is reasonable enough to meet the medical expenses of the acid attack survivor.(( Section 326A, Indian Penal Code, 1860.))

Additionally, throwing or attempting to throw acid on a person is also a crime. The punishment is jail time of a minimum of 5 years and can be extended to 7 years, along with a fine.(( Section 326B, Indian Penal Code, 1860.))

Helping someone throw acid

Helping someone throw acid is also a crime. Helping someone commit a crime is known as abetment under the law. The punishment for abetment is the same as the punishment for throwing(( Section 326A, Indian Penal Code, 1860.)) or attempting to throw acid(( Section 326B, Indian Penal Code, 1860; Section 109, Indian Penal Code, 1860.)) on another person.

Refusing to treat or provide free immediate treatment to an acid attack survivor

An acid attack survivor has a right to medical treatment and a hospital refusing to provide such treatment is a crime under the law. A complaint can be filed before the police against a person who refuses to treat the survivor.(( Section 357C, Code of Criminal Procedure, 1973.))

Besides the specific acid attack crimes in the Indian Penal Code, 1860, other crimes can also be implicated or written in the FIR or charge sheet by the police in the case of acid attacks. These include murder,(( Section 325, Indian Penal Code, 1860.)) attempt to murder,(( Section 307, Indian Penal Code, 1860.)) hurting someone with dangerous weapons,(( Section 324, Indian Penal Code, 1860.)) and causing grievous hurt.(( Section 325, Indian Penal Code, 1860.))

Complaining Against Ragging

For ragging, you can complain to the college authorities, the national helpline or the police. Please note that another person can also complain on your behalf.(( Section 6.2 (g), the UGC Regulations On Curbing The Menace Of Ragging In Higher Educational Institutions, 2009.)) You can complain to the following authorities:

National Anti-Ragging Helpline

The University Grants Commission has set up(( https://www.ugc.ac.in/page/helpline.aspx)) a helpline number and email address that you can reach out to, in case you are being ragged. The helpline number is 1800 – 180 – 5522, and the email address is helpline@antiragging.in. 

Online Complaint 

The University Grants Commission has set up a web portal where you can lodge an online complaint. To lodge a complaint, go here, where you will be asked to give certain details, like your name, the college, the details of the incident, etc. Try to give as much detail as you can.  You can also track your complaint here by clicking on “Track Complaint”.

Anti-Ragging Squad 

You can lodge a complaint with your college’s Anti-Ragging Squad. The Squad will investigate(( Section 9.1 (a), the UGC Regulations On Curbing The Menace Of Ragging In Higher Educational Institutions, 2009.)) the complaint, determine the nature of the case and its severity, and give its recommendations to the Anti-Ragging Committee. The Committee will then punish the students responsible for ragging.(( Section 9.1, the UGC Regulations On Curbing The Menace Of Ragging In Higher Educational Institutions, 2009.))

Please note that you can also approach any member of the faculty or the Head of the college to complain about ragging as well.(( Section 9.3, the UGC Regulations On Curbing The Menace Of Ragging In Higher Educational Institutions, 2009.))

Police 

In case of a serious case of ragging, you can complain to the police, and file an FIR against the student(s) responsible for ragging you. In such a case, the police will investigate the matter, and take required steps to punish the students responsible for ragging.

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.1

  1. 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.1

  1. 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 punished1 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. 

  1. Section 67, Information Technology Act, 2000. [↩]

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. [↩]

What are the complaint forums/helplines?

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

If you are a survivor of acid attack, you can approach the following authorities:

Police

You can approach the police to make a complaint. You can get in touch with the police by dialing the helpline number 100. The police will record the information about the crime in the FIR (First Information Report).

National Commission for Women

The National Commission for Women (NCW) is a national-level government organization that is empowered to investigate complaints related to issues faced by women. The NCW will help you by:

  • Monitoring and expediting the investigations being led by the police.
  • Monitoring acid attack cases with regards to prosecution of the accused, providing medical relief to survivors and payment of compensation to survivors through the system. This is done through the use of the MIS system.(( MIS for Assistance to Victims of Acid Attack, National Commission for Women, accessed at http://ncwapps.nic.in/MISforAcidAttackVictims/MonitoringAuthority/default.aspx.))
  • Providing counselling or a hearing before the NCW. This is done to resolve disputes between the two parties.

You can get in touch with them by either calling the helpline number 1091, or sending an email to ncw@nic.in, or filing an online complaint. Further, you can also approach the State Commission of Women situated in your state, and ask them for help.

Sub-divisional Magistrate 

A person can also complain to the Sub-Divisional Magistrate (SDM) of the district as they have a responsibility to ensure the guidelines for acid attack are followed. These guidelines include information on sale of acid and role of shopkeepers while selling acid. They can also levy fines on shopkeepers breaching the rules laid down by the Supreme Court.(( Laxmi v. Union of India and Others, (2016) 3 SCC 669.))

National Helplines

Some national helplines that you can contact are:

National Emergency Number (medical too) 112
Women Helpline (All India)- Women in Distress 1091
Women Helpline Domestic Abuse 181
Police 100
National Commission for Women 011-26942369, 26944754
ChildLine India Foundation Helpline 1098
National Human Rights Commission 011- 23385368/ 9810298900

Identity Theft

Identity theft refers to the act of someone dishonestly stealing and making use of your password, electronic signature, or other unique identification feature. For example, if your classmate steals your Instagram password, it is an instance of identity theft. 

Identity theft is punishable with jail time of up to three years and a fine of up to one lakh rupees.1

  1. Section 66C, The Information Technology Act. [↩]

How can you claim compensation under this law?

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

To seek compensation under the Victims Compensation Scheme,(( Compensation Scheme for Women Victims/Survivors of Sexual Assault/other Crimes 2018, National Legal Services Authority, accessed at https://wcd.nic.in/sites/default/files/Final%20VC%20Sheme_0.pdf.)) the procedure is:

Step 1: Filing an FIR

The survivor or someone on their behalf has to mandatorily report the acid attack crime by filing an FIR.

Step 2: Sharing FIR copy to Legal Services Authority

The station house officer (“SHO”), Superintendent of Police (“SP”) or the Deputy Commissioner of Police (“DCP”) of a police station has to mandatorily share a hard or soft copy of the FIR with the SLSA or DLSA.

Step 3: Application for compensation

The survivor, her dependents or relatives, or the SHO of the area concerned to the SLSA or DLSA can file an application for the award of an interim or final award of compensation. The application must be submitted in the format given under the Victim Compensation Scheme as Form -I. It must be filed with a copy of the FIR or criminal complaint and, if available, a Medical Report or Death Certificate. Further, the applicant must submit a copy of the judgement/ recommendations of the court, if the trial is over.

Step 4: Preliminary Investigation by Legal Services Authority

The SLSA or DLSA then begins the preliminary verification of the facts of the attack for granting compensation.

Step 5: Getting Compensation

The amount of compensation will be given by the SLSA or DLSA by depositing it in a Bank in the joint or single name of the survivor or dependent(s). In case the survivor does not have any bank account, the DLSA would facilitate opening of a bank account in the name of the survivor. In case the survivor is a minor in a child care institution, the bank account will be opened with the Superintendent of the institution as Guardian. However, in case the survivor is a foreign national or a refugee, the compensation will be given through cash cards.

To learn more on information on schemes in different states for survivors of violence, contact details of one-stop centres, protection officers and helpline numbers, check out the Nyaaya Map on Key Information for Survivors of Violence.

Impersonation

Impersonation refers to the act of assuming a fake identity with the intention to deceive a person through the use of a computer or any communication device. For example, if someone posts a picture through your Facebook profile, while pretending to be you, it is a case of impersonation. 

The punishment for impersonation is jail time of up to three years and a fine of up to one lakh rupees.1

  1. Section 66D , The Information Technology Act. [↩]

What are the costs involved for survivors to exercise their rights?

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

For crimes of acid attack, medical and rehabilitation facilities must be provided to survivors free of cost:

  • They must be given free first aid and medical treatment.
  • They must be provided with a medical certificate free of cost that may be used for further treatment in other hospitals.
  • The police have to provide a complainant with a copy of the FIR, free of charge.
  • Further medical treatment is usually paid for through the:
    • Fine amount imposed on the offender for committing the crime
    • The compensation from States and Union Territories under their respective Victim Compensation schemes, and;

Additional compensation from the victim’s compensation Fund(( Compensation Scheme for Women Victims/Survivors of Sexual Assault/other Crimes 2018, National Legal Services Authority, accessed at https://wcd.nic.in/sites/default/files/Final%20VC%20Sheme_0.pdf.))

Obscene Materials and Sexual Harassment

The law punishes different kinds of crimes if obscene material is shared or you face sexual harassment online:

Publishes or distributes obscene material online

If someone publishes or distributes obscene material online, it is considered a crime. For example, if someone publishes pictures of a naked woman. This is punishable1 with jail time of up to three years and a fine of up to five lakhs on first conviction, and jail time of up to five years and a fine of up to ten lakhs upon any subsequent conviction.

Publishes or distributes materials that display sexually explicit acts

Further, if someone publishes or distributes materials that display sexually explicit acts, it is also considered a crime. For example, if someone publishes a video of two people engaging in sexual intercourse without their permission, he may be punished under the law. This is punishable2 with jail time of up to five years and a fine of up to ten lakhs on first conviction, and jail time of up to seven years and a fine of up to ten lakhs upon any subsequent conviction.

Showing Pornographic Material

Showing pornographic material to a woman when she does not want to watch it is considered sexual harassment, and is a crime under the law.3 The punishment for this is jail time of up to three years or a fine or both.

  1. Section 67, The Information Technology Act, 2000. [↩]
  2. Section 67A, The Information Technology Act, 2000. [↩]
  3. Section 354A, The Indian Penal Code, 1860. [↩]

How is the sale of acid regulated in India?

The sale of acid in India is governed by two levels of regulatory mechanisms:

State-level Rules framed by the respective State and UT Governments

Various state and Union Territory governments have framed rules for the sale of acid,(( These rules have been framed under Section 2 of the Poisons Act, 1919, or under state-specific statutes (in the case of Chhattisgarh).)) including Chhattisgarh, Rajasthan, Karnataka,  Tripura, and Himachal Pradesh. These rules are broadly similar, and prescribe various requirements for shopkeepers selling acid:

  1. Shopkeepers can only sell acid, or keep the same for sale, if they have a license issued by the relevant licensing authority. This may mean the District Magistrate, or any other officer appointed by the state government.
  2. In case a shopkeepers’ license becomes invalid, they must sell the acid off to another license holder within 3 months. After this period, the licensing authority has to remove and destroy it.
  3. Shopkeepers must exhibit a copy of the sale of acid rules of that state  at their place of business.
  4. Shopkeepers must sell acid only from the premises that have been specified in the license. For example, if the acid can only be sold by a shopkeeper in one of his shops and not the others that are not mentioned in the license.
  5. Shopkeepers must only sell acid to persons personally known to them, or those who produce a photo identity card with their address and substantiate the same with a legally valid address proof like an Aadhar card.
  6. Shopkeepers must sell acid only after ascertaining the name, phone number, address, and the purpose for buying acid of the purchaser. They must maintain a register with the prescribed details of the acid sale transactions, including the name of the acid, quantity sold etc.
  7. Shopkeepers must not sell acid to persons below 18 years of age.
  8. Shopkeepers must store acid securely in a box/ room etc., with the word ‘poison’ marking the same, and ensure that only acid is stored there. They must sell poison only after securely packing and labeling the same.

If a shopkeeper does not follow these rules for the first time, the punishment is a jail term for up to 3 months, or with a fine of up to Rupees 500, or with both.(( Section 2 and 6, The Poisons Act, 1919; Section 15, the Chhattisgarh Regulation, Prohibition, Sale and use of Acid Act, 2013.)) For repeating the crime, the punishment is a jail term of up to 6 months, or with a fine of Rupees 1000, or with both. Hence, a criminal complaint or FIR can be filed against them for the illegal sale of acid. Such acid which is illegally stored will also be confiscated from the shopkeeper.(( Section 6(2), the Poisons Act, 1919.))

The Government of India has also framed Model Rules (the Poisons Possession and Sale Rules, 2013) for states and UTs to refer to while framing their respective rules. The Supreme Court has mandated states to make their rules as stringent as these Model rules.(( Laxmi v Union of India and Others, (2014) 4 SCC 427 [7].)) Further, the Court has repeatedly urged all states and UTs to frame rules to regulate the sale of acid and other corrosive substances,(( Laxmi v. Union of India and Others, (2016) 3 SCC 669, order dated 11/2/2011; Id; Laxmi v. Union of India and Others, (2016) 3 SCC 669, order dated 10/4/2015.)) and ensure the proper implementation of the same.(( Parivartan Kendra v. Union of India and others, (2016) 3 SCC 571 [12], [13].))

Rules by the Supreme Court

The Supreme Court gave guidelines about the sale of acid, to be followed in states which did not have state rules for sale of acid.(( Laxmi v. Union of India and Others, (2014) 4 SCC 427 [9]-[11].)) Under these guidelines, the shopkeepers must follow the following regulations:

  • They can only undertake over-the-counter sale of acid, if they maintain a register with the details of the buyer, their address, and the quantity sold.
  • They must only sell acid after the buyer shows a government issued photo ID with the address of the person, and specifies their reason for buying the acid.
  • They must declare their stocks of acid within 15 days to the Sub-Divisional Magistrate (SDM) of the district.
  • They must not sell acid to minors.

Under these Court guidelines, a person can also complain to the Sub-Divisional Magistrate (SDM) of the district as they have a responsibility to ensure the guidelines are followed and can levy fines on shopkeepers breaching the rules given above.

Personal Photos/Videos of You

If someone takes, distributes or publishes your personal photographs or videos without your permission, it is considered a crime. For example, if someone takes pictures of your private parts and publishes them on their Facebook account, they have committed the offence of violation of privacy1. The punishment can be jail time up to three years or a fine up to two lakh rupees or both.

It is also a crime to take, view, or circulate pictures of a woman engaging in private acts. It is known as voyeurism2, and is punishable with jail time of up to 3 years and a fine.

  1. Section 66E, The Information Technology Act. [↩]
  2. Section 354C, The Indian Penal Code. [↩]

Insulting Religion

If someone intentionally and with malice, says or writes something that insults your religion or religious beliefs, it is considered a crime under the law. For example, if someone insults your religion by calling it unpleasant names through a Facebook post.

These acts are punishable with jail time  of up to three years or a fine or both.1 

  1. Section 295A, The Indian Penal Code. [↩]

Account Takeover and Unauthorised Access

If someone takes over your online account, accesses your data or the hardware/software on your computer without your permission, that person is guilty of the offence of unauthorized access.1 For example, if someone gains access to your Gmail account without your permission. 

The offender is liable to pay you damages/compensation by way of a monetary amount not exceeding one crore rupees. However, it needs to be established that the offender accessed your account dishonestly.2

  1. Section 43(a), The Information Technology Act. [↩]
  2. Section 24 and 25, The Indian Penal Code, 1860. [↩]