If you are stuck in such a situation, here is what to do.

In a distressing case from the city of Alipur, a young woman named Ms. Anjali, aged 17, found herself entangled in an exploitative relationship with Mr. Sameer, a man aged approximately 20. Mr. Sameer had initially misrepresented his age as 18. Over several months, under the false promise of marriage, he manipulated Ms. Anjali into providing him with sexual and financial favours. The situation escalated when he tried to coerce her into engaging in sexual acts with his friends. When she refused, he became hostile.

Subsequently, citing his family’s disapproval of their relationship due to differing cultural backgrounds, Mr. Sameer ended the relationship. Following the breakup, he launched a malicious campaign to tarnish Ms. Anjali’s reputation. He began spreading false rumours that she was unfaithful and of “low character,” using derogatory and abusive language against her publicly. Furthermore, it came to light that he was sharing her private photographs with others to support his false narrative.

The ordeal also involved instances of non-consensual sexual contact, including one occasion where he engaged in sexual acts with her while she was asleep and thus unable to consent. He had also made her consume certain pills during their relationship. The victim’s family, particularly her parents, are deeply concerned about the social stigma and “family reputation,” which has made them hesitant to pursue legal action. Ms. Anjali is now suffering from immense mental trauma, social ostracism, and the fear of her future being jeopardized, especially with her upcoming board exams. She feels trapped between the public shame of the perpetrator’s actions and the potential shame of a legal case in a society that often blames the victim.

Advice in such cases

• Preserve all evidence immediately. This includes screenshots of text messages, call logs, emails, social media posts, and any other form of digital communication. Do not delete anything, even if it is distressing.
• Make a note of all incidents with dates, times, locations, and what exactly happened. This will be crucial for filing a complaint.
• If there are any witnesses who saw the harassment or can testify to the nature of the relationship and the subsequent defamation, their accounts can be valuable.
• Seek immediate psychological support or counseling. Dealing with such trauma is incredibly difficult, and professional help can provide coping mechanisms and support throughout the legal process.
• Avoid any further direct communication with the accused. Any attempts at contact by him should be documented but not engaged with.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think

Applicable Sections of Law

This case involves multiple serious offences. Since the victim is a minor (below 18 years of age), the primary law applicable is the Protection of Children from Sexual Offences (POCSO) Act, 2012, which is a special act designed to protect children. Alongside POCSO, the following sections of the Bharatiya Nyaya Sanhita (BNS) would be relevant:

• Section 64 of BNS (Rape): Any sexual intercourse with a minor below the age of eighteen years, with or without her consent, is considered rape. The act of engaging in sexual activity with the victim while she was asleep constitutes rape as there was no consent.
• Section 69 of BNS (Sexual intercourse by deceitful means): This section deals with sexual intercourse with a woman by deceitful means or by making a false promise to marry. This is directly applicable given the perpetrator’s false promises of marriage to exploit the victim.
• Section 71 of BNS (Voyeurism): The act of sharing private pictures of the victim without her consent would fall under this section, which penalizes the dissemination of such images.
• Section 356 of BNS (Defamation): The perpetrator’s actions of spreading false rumours, calling the victim names, and assassinating her character publicly constitute criminal defamation.
• Section 351 of BNS (Criminal Intimidation): If the perpetrator’s actions are causing fear or alarm in the victim’s mind, it can be considered criminal intimidation.

If you are the complainant

• The first step is to gather all the evidence you have, such as screenshots, recordings, and witness details.
• Approach the nearest police station to file a First Information Report (FIR). Under the law, especially in cases involving a minor and sexual offences, the police are mandated to register an FIR. You can also file a Zero FIR at any police station, regardless of jurisdiction.
• Provide a detailed and accurate account of all the incidents to the police. It is advisable to have a lawyer present during this process to ensure your statement is recorded correctly.
• The police will guide you through the next steps, which will include a medical examination (with consent) and recording your statement before a Magistrate.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think

If you are the victim

• Your safety and well-being are the top priority. Confide in a trusted adult, whether it’s a parent, teacher, or counselor.
• Understand that what happened is not your fault. Manipulation and coercion are tactics used by abusers, and you are the victim of a crime.
• The law is on your side. The POCSO Act provides special protections for minors, including ensuring that your identity is kept confidential throughout the investigation and trial.
• The legal process is designed to be sensitive to a minor. Your statement will be recorded by a woman police officer in a child-friendly environment, and you will not be required to go to the police station repeatedly.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think

How the police behave in such cases

Under the POCSO Act and the Bharatiya Nagarik Suraksha Sanhita (BNSS), the police are required to follow a specific, victim-centric protocol. They must register the FIR without delay. The investigation must be conducted by a special juvenile police unit or a designated child welfare police officer. The statement of the child victim must be recorded at her residence or a place of her choice, by a woman police officer not in uniform. The police are also responsible for informing the Child Welfare Committee (CWC) and ensuring the child receives necessary care, support, and protection. The entire process is meant to be confidential to protect the victim’s identity and dignity.

FAQs people normally have

What evidence is required?

• Digital Evidence: Screenshots of chats, call records, social media posts, emails, and any shared pictures or videos. A forensic analysis of electronic devices can be crucial.
• Testimonial Evidence: Your detailed statement and statements from any witnesses who can corroborate your claims.
• Medical Evidence: A medical examination can be important, especially in cases of sexual assault, though it is not the only form of evidence.
• Documentary Evidence: Any financial records showing money transfers, receipts, or other documents that support the claim of exploitation.

How long will the investigation take?

The POCSO Act mandates a swift process. The law states that the trial should be completed, as far as possible, within a period of one year from the date the court takes cognizance of the offence. However, the duration of the investigation itself can vary depending on the complexity of the case, the collection of digital evidence, and the cooperation of witnesses. A good lawyer can help in ensuring the process moves forward without unnecessary delays.

Advocate Sudhir Rao, Supreme Court of India