Tag: FIR

Initiation of criminal proceedings in cyber crimes against women cases by Dr.Debarati Halder

Cyber Crimes against women may be of different forms: it may be sexual, whereby the perpetrator may create non consensual image sharing for sexual gratification (which may include rape or sexual assault video sharing), revenge porn contents and may share the same through social media, internet and digital communication technology etc. Further, the perpetrator may also take to cyber platform for carrying on stalking activities, communicating rape and death threats, impersonation, unauthorized access and accessing private contents for further impersonation, defamation of the victim, bullying, including sexual bullying, trolling etc. Several of such crimes against women may have been recognized by the Information Technology Act, 2000(amended in 2008), Indian Penal Code (especially provisions inserted through Criminal Law amendment Act, 2013), Indecent Representation of women Prohibition Act, Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 etc and Protection of children from sexual offences Act (especially when the cyber offences are committed against children) etc. (See for more in Halder D., & Jaishankar, K (2016.) Cyber crimes against women in India.New Delhi: SAGE Publications. ISBN: 9789385985775. and also Halder, D. (2018). Child Sexual Abuse and Protection Laws in India. NewDelhi: SAGE Publications. ISBN: 9789352806843.)

Some of such offences which may be recognized by the Indian Penal Code or any other offences and which may necessarily fall under sexual offences against women (specially under Ss. 376, 354 , 354 A.B.C.D) and under S.509 IPC which prescribes punishment for harming the modesty of women etc, may necessarily be considered as cognizable offences where the officer in Charge of the police station MUST register FIR and initiate investigation procedure. However, on several occasions, the police may refuse to register the FIR, may refuse to even hear the victim or on much instigation, my simply insert the submissions in the General Diary or station diary and may never register the FIR.

A plain reading of S.154 of the Cr.P.C and S.172 Cr.P.C may provide answer to all the above mentioned issues. The discussions in this regard are carried forward in the YouTube link below.