top of page

Understanding Sexual Assault Laws: Your Rights Explained

Sep 30, 2024

2 min read

0

0

 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 : 

  1. 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.

  2. 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.

  3. 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.

Sep 30, 2024

2 min read

0

0

Business Consultation

Business Details

Contact

Address

102, First Floor, V3A Square, Priyadarshini Nagar, Raipur, Chhattisgarh, India- 492001

Opening Hours

Mon - Sat

9:00 am – 6:00 pm

Social

  • Facebook
  • Twitter
  • LinkedIn
  • Instagram
bottom of page