It is said to be a less known sexual offence under the POCSO
Act as well as IPC section 375, recently you might have read in the news about
a 65 years old man committing “digital rape” of a three-and-a-half-year-old girl
child in Salarpur village under sector 39. He is given life imprisonment for
such behaviour.
What Is Digital Rape?
Digital rape' is not a sexual offence committed digitally or virtually, as the term might suggest, but refers to the act of forceful penetration using fingers or toes without consent.
Digital rape has nothing to
do with cyber sexual offences or other forms of cybercrime. The word 'digit' in
the English language dictionary means finger, thumb and toe, which is why the
act has been called 'digital rape'
Until December 2012, 'digital rape' was considered molestation and was not considered rape. Digital rape was introduced in 2013 after the infamous Nirabhaya rape case.
Before 2013, India didn’t have any laws to punish crimes caused by digital rape. It was after 2013 that it was added under the Protection Of Children From Sexual Offences Act (POCSO).
When Was This Crime Recognised?
However, with the unfortunate incident of Nirbhaya in 2012, new rape laws were introduced in Parliament and the act was considered a sexual offence under Sections 375 and 376 and the Protection of Children from Sexual Offences (POCSO) Act. The term was coined in 2013 to provide justice to victims of the heinous act.
How Is This Crime Categorised?
As per POCSO Act's Section 5 (m), "Whoever commits penetrative sexual assault on a child below twelve years is said to have committed aggravated penetrative sexual assault."
Rape victims are classified into two categories by lawmakers – Majors and minors. While major digital rapists are booked and tried under Sections 375 and 376, minor digital rapists are tried both under Sections 375 and 376 and the POCSO Act.
What Is The Punishment For This Crime?
- Under Section, 6:Whoever commits aggravated penetrative sexual assault shall be punished with rigorous imprisonment for a term which shall not be less than twenty years, but which may extend imprisonment for life, which shall mean Imprisonment for the remainder of the natural life of that person and shall also be liable to fine or with death.
- The fine imposed under sub-section (1)shall be just and reasonable and paid to the victim to meet the medical expenses and rehabilitation of the such victim.
Conclusion
70 per cent of the time, people who have violated the dignity of a child are “someone they knew personally and are close to them”.
Offenders
they knew through social circles counted for 29 per cent while 1 per cent of cases
registered for strangers being the offender. Please educate your children, they
have to know to avoid this.
Written By: Nylisha Cruz
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