CONTENTS
- Introduction.
- Digital rape and it’s legal perspective.
- When definition of digital rape come?
- Pre law regarding to digital rape.
- New laws regarding to digital rape.
- Types of rape victim.
- Some cases of digital rape
- Who commits digital Rape?
- Conclusion.
INTRODUCTION
There is a famous quote of law “Right to life is not mere animal existence”. It means that a man can live without food for 15 days, a person can live without water for 6-8 days. But a person can’t live without self-respect for even a minute. The most important require thing for living after food, shelter, and cloth is respect, without respect a person die thousands of times in one life. There are various types of offence that vanish the name of victim person. But horrible heinous offence is rape that make that make a live person die with breathing. The victim of rape merely remains live but without any hope to live more her all hope enjoy, emotions, feels die with commission of rape with her. And at that situation she ready to hug death without any dilemma. Although in modern time commission of rape is not only limited to adult mature girls and
women. Girl children and immature girls are also worst victim of it. In today’s modern society even six months girls are not safe. From last decade new types of rape is introduced in Indian society i.e. digital rape.
Digital rape and it’s legal perspective
Digital rape sound like virtual rape or sending sexual content through social media like what’s app, Facebook, Instagram, etc. But originally It different from all these things. According to English dictionary the word “digit” to mean to finger or toes or any other object use to penetrate private party human body. It means any other expect male sexual organ used to penetrate female sexual organ is a kind of Digital rape.
When definition of digital rape come? Or pre law regarding to digital rape.
After the infamous heinous case of Nirbhaya. In which the convicted person had used iron rod and some object during the commission of rape. Before this case there was no law related to digital rape. Early the definition of rape in section 375 Indian penal code, only deal with the male private use in penetration of female sexual organ like vagina, urethra, anus, but it says nothing about penetration by using other object even that sexual harassment of girls by using object finger is not considered in definition of rape. Because of this several beast bloody animals in name of human used to commit such offence, but there was no rule regarding to the penetration of object in Indian law system that consider it as rape. We can say it is one of the biggest loop holes of Indian criminal law in regard to rape so that no body is convicted for digital rape under section 376 IPC. Until December 2012, digital rape was considered as molestation and was not considered rape. It was after the Nirbhaya a gang rape incident that new rape law introduced in parliament of India and the act was classified as a sexual-offences under 375 and protection of children from sexual offences POCSO act.
New laws regarding to digital rape
After infamous Nirbhaya a rape case digital rape is known as sexual offence under the POCSO act as well as under section 375 IPC.
Types of rape victim
The rape victims are further divided in two categories majors and minors. There are two kinds of perpetuators who commit crimes — minor digital rapists and major digital rapists. The people who commit this kind of offence with a girl child below the age of 16 years old shall booked under section 375 IPC and section 4 POCSO act, (punishment for penetrative sexual assault) punishment for seven years which may extend to imprisonment for life and shall also liable to fine. If police officer commits such offence, he shall punish under section 6 of POCSO for term not less than twenty years which may extend to imprisonment for life and also be liable to fine or with death.
Some cases of digital rape :-
Akbar Ali case :-
In the year 2019 a person whose name is Akbar Ali residential of West Bengal had went to Noida just to vist his daughter house in a family function . Where Akbar Ali had lured a girl child by toffees who was playing outside the house . In the name of toffees he took her to a room alone and digitally raped that girl child. Akbar Ali has booked under POCSO act for their offence and punished with life imprisonment with fine of Rs 50,000.
Graphic Artist Maurice Ryder case :-
Maurice Ryder is a 80 old person of Greater Noida sector 46. He is a graphic artist and he is also establish his workshop in Shimla . 7 years ago Maurice had took the custody of a 10 years old girl from one of his worker in Shimla for study and care of that girl child . Because that girl’s father had not sufficient source to took care of his daughter . In year 2021 girl made complain against Maurice Ryder that ,he is digitally rapping her from last 7 years .
Father committed digital rape with his daughter :-
One FIR was filed in year 2022 in Greater Noida, by mother of a girl child against her husband for committing digital rape with his own daughter.
Who commits digital rape?
Generally, in most of cases digital rape committed by close relatives. Approx. 29 % case held by the person who are socially connect with victim only 1% case filed regard to digital rape in which the digital rape committed by some unknown person to victim. And very bitter truth about digital rape is that more than 80 % of the digital rape cases are left unsaid and in dark.
Conclusion
It is very clear that in most of cases the digital rape is commit by relative or persons who are in social contact with victim. Then first of all the question arises in our mind that why it happens Why relative commit rape with their own relative? Answer is only one just to fulfil sexual desire and just to get sexual pleasure. Is rape only way to get sexual pleasure then answer is no because there are some other ways to get sexual pleasure but instead of choosing other mediums the people choose rape as a medium to get sexual pleasure, Because of lack of sex education in India. So that we need to introduce sex education in Indian society. Social media perform a vital role in a betting the people to commit rape, even if they never ready to do that. This is our duty to check sexual violative content of social media and report those contents. And step toward make India rape free.
References :-
- Bare act IPC ( Universal publication) chapter ,XVI and pg no:- 147 & 148 and text book (K.D Gaur) of IPC pg no :- 1046 to 1068.
- https://www.juscorpus.com/digital-rape-punishment-and-where-it-is-recognized-under-indian-law/
- https://www.legalserviceindia.com/legal/article-8589-a-scenario-of-digital-rape-in-india.html
SUBMITTED BY
Author- Dhiraj Kumar Sharma
Student of BA LLB 5th Semester.
University Law College
VINOBA BHAVE UNIVERSITY
Hazaribagh , Jharkhand.
Email:[email protected]
