
Understanding Sexual Assault Laws: Your Rights Explained
Sep 30, 2024
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Sexual assault involves any non-consensual sexual act, ranging from unwanted touching to rape. Under Indian law, sexual assault includes:
Rape: Penetration without consent.
Outraging Modesty: Physical contact intended to insult or degrade a person’s modesty.
Sexual Harassment: Unwelcome sexual advances, comments, or gestures.
Legal Framework :
Bharatiya Nyay Sanhita (BNS):
Section 63 (BNS): Defines rape and who commits rape shall be punished with Rigorous imprisonment not less than 10 years which may extend to imprisonment to life; Non-bailable
Section 74 (BNS): Deals with assault or use of criminal force intending to outrage a woman’s modesty. Punished with Imprisonment for 1 year which may extend to 5 years and fine; Non-bailable.
Section79 (BNS): Addresses acts intended to insult the modesty of a woman through gestures, spoken words, or any other form. Punished with simple imprisonment for 3 years and fine; Bailable.
Protection of Women from Domestic Violence Act (PWDVA) {Section 3(2)}:
Provides protection against sexual assault and harassment within domestic settings under Section 3(2).
Protection of children from sexual offences Act (POCSO) {Section 7}: Provides protection from harassment and sexual offence against children. Punishable by law with the imprisonment of 7 years or with fine,
Police Procedure :
Reporting the Crime:
First Step: Report the incident to the nearest police station. You can do this in person or online.
FIR (First Information Report): An FIR must be filed; it records the initial complaint and begins the investigation process.
Medical Examination:
Immediate Medical Attention: Seek medical examination as soon as possible to collect evidence and treat any injuries.
Preservation of Evidence: The medical examination helps preserve evidence crucial for the investigation.
Investigation:
Statement Recording: Police will record your statement, and the accused will be questioned.
Evidence Collection: This includes witness testimonies, forensic evidence, and any relevant documents.
4. Criminal Justice: The case will be pursued in court. The accused may face imprisonment, fines, or both, depending on the severity of the crime.
5. Compensation: Victims may be eligible for financial compensation for physical and emotional harm under state schemes.