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

Ms. Anika, a young professional from the city of Chandpur, connected with Mr. Sameer on a popular networking app. After several weeks of pleasant conversations, they decided to meet for dinner. Anika was clear with Sameer from the beginning, stating in their chats that she was interested in getting to know him but was not looking for any physical intimacy. Sameer seemed to agree and respect her boundaries.

After dinner, he invited her to his apartment to see his art collection. Anika, trusting him, agreed. Once inside, the atmosphere changed. Sameer began making advances, which Anika politely but firmly declined. Despite her repeated “no,” Sameer persisted. He didn’t use overt physical force, but he cornered her verbally, using emotional pressure and making her feel trapped and overwhelmed. He questioned her intentions and made her feel guilty for refusing him. In this state of vulnerability and exhaustion from resisting, he performed an unwanted oral act on her secondary sexual organ. Anika was left feeling deeply violated and confused. Because there was no penetration or visible struggle, she wondered if the law would even recognize her experience as a sexual assault.

Advice in such cases

If you find yourself in a similar situation, it is crucial to take certain steps to protect yourself and ensure justice can be pursued.

• Prioritize your safety. Remove yourself from the situation and go to a place where you feel secure.
• Confide in a trusted friend or family member. Sharing your experience can provide emotional support and a witness to your state of mind after the incident.
• Preserve any potential evidence. Do not delete text messages, call logs, or any communication where you may have set your boundaries.
• 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

Under the new legal framework of India, such an act is indeed a serious criminal offense. The argument that it wasn’t “assault” because there was no penetration is incorrect. The key legal concepts are “sexual assault” and “consent” as defined in the Bharatiya Nyaya Sanhita (BNS), 2023.

• Section 65 of the Bharatiya Nyaya Sanhita (BNS), 2023 (Sexual Assault): This section has replaced Section 354A of the IPC. It addresses sexual assault and is not limited to penetrative acts. Any act involving physical contact of a sexual nature, without the recipient’s consent, falls under this section. The act described by Anika—an unwanted oral act—is explicitly covered. The law focuses on the sexual intent and the absence of consent, not the specific body part involved or the level of force used.
• Section 39 of the Bharatiya Nyaya Sanhita (BNS), 2023 (Consent): This section defines what constitutes valid consent. A crucial element is that consent must be free and voluntary, given without fear or misconception. Consent obtained through coercion, badgering, or by putting someone in a state of fear or vulnerability is not valid consent in the eyes of the law. A repeated “no” is a clear indication of a lack of consent. Giving in due to persistent pressure and emotional manipulation does not equal consent.

If you are the complainant

If you decide to proceed legally as the complainant, here are the steps to follow:

• Document everything. Write down a detailed account of the incident as soon as possible, including the date, time, location, and exactly what was said and done.
• Preserve all evidence. This includes text messages, chat histories, call records, and any other communication that establishes the nature of your relationship and the boundaries you set.
• Consider a medical examination. Even without physical injuries, a medical examination can be valuable. The doctor can document your emotional state and any other relevant observations.
• File a First Information Report (FIR) at the nearest police station. It is your right to have an FIR registered.
• 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. A lawyer will guide you through the process, ensure your complaint is filed under the correct sections of the BNS, and represent you effectively.

If you are the victim

Navigating the aftermath of such an incident is incredibly difficult. It is important to remember:

• It is not your fault. You set boundaries, and they were violated. The blame lies entirely with the person who refused to respect your “no.”
• Your feelings are valid. It is normal to feel confused, angry, violated, and hurt. Allow yourself the space to process these emotions without judgment.
• Seek support. Beyond legal help, consider speaking with a mental health professional who can help you cope with the trauma.
• Understand your rights. Knowing that the law is on your side can be empowering. Coercion is not consent, and what you experienced is recognized as a crime.
• 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

Police response can vary. While many officers are trained to be sensitive in such cases, some may still hold outdated views and might question the victim’s account, especially when there is no overt physical violence. They might ask why you went to his apartment or why you didn’t scream. This is a form of victim-blaming and is unacceptable. Having a lawyer present when you file the FIR can be extremely helpful. Your lawyer will ensure that the police take your statement seriously, register the FIR under the appropriate sections of the BNS, and conduct the investigation properly as mandated by the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.

FAQs people normally have

What evidence is required?

Proving coercion can be challenging but is not impossible. The most crucial piece of evidence is your own consistent and credible testimony. In addition, other forms of evidence can strengthen your case:

• Digital Communication: Text messages or chats where you previously stated your boundaries.
• Witness Testimony: If anyone saw you looking distressed after the incident or if you confided in someone immediately, their testimony is valuable.
• Circumstantial Evidence: The entire context of the situation, including the verbal pressure and cornering you experienced.
• Your Conduct: Your immediate actions after the incident, such as confiding in a friend or seeking legal advice, can support your claim.

How long will the investigation take?

The duration of a police investigation and the subsequent court case can vary significantly. The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, lays down timelines for investigation to ensure speedier justice. However, the complexity of the case, the evidence involved, and the caseload of the police and courts can lead to delays. A good lawyer can help in filing applications to expedite the process and ensure that the investigation moves forward without unnecessary delays.

Advocate Sudhir Rao, Supreme Court of India