Advocate Rajib Pattnaik

🔒 Understanding Digital R**e: Laws & Punishment 🔒
"Digital r**e," does this have anything to do with crimes committed online? Is the body of the victim actually involved in digital r**e? Many of you might have believed that digital r**e means cybercrime or sexual offenses committed online with no actual involvement of a body. But this is not true! In English, the word ‘digit’ means toe, finger, and thumb, and penetrating the same against someone's consent is known as digital r**e; it has nothing to do with cybercrime. Most of you are unaware of this term because, in the past, it was considered molestation and not r**e. let’s discuss r**e laws in India, the meaning of digital r**e, the inclusion of digital r**e in our country’s criminal code, and much more.
💻 Digital R**e: Unveiling the Truth 💻
Digital r**e is the forceful pe*******on of fingers and toes without the victim's consent and has nothing to do with online crimes. Let’s understand this form of r**e in detail.
🔹 What do you mean by Digital R**e?
In digital r**e, the perpetrator uses their finger or fingers to infringe upon and compel a sexual act upon the victim. In simple terms, a person is accused of digital r**e when they use their finger or fingers to pe*****te the va**na of the victim without her consent.
💔 Real-Life Incidents:
In a shocking incident, a 2-year-old was brought to the hospital bleeding in Mumbai. Doctors discovered that her va**na was ruptured, but there was no evidence of sexual abuse or r**e. However, her father was later found to be penetrating the girl with his fingers. He was taken into custody and punished under Section 376 of the IPC.
🔐 Punishment for Digital R**e:
The punishment for digital r**e is prescribed under the IPC and the POCSO Act. According to the POCSO Act, the offender will be punished with a jail term of five years. If the act falls under Section 376 of the IPC, the jail term can be extended from 10 years to life imprisonment.
🔹 POCSO Act Provisions:
- Section 3: Deals with penetrative sexual assault and provides punishment for such offenses.
- Section 5(m) and 6: Define aggravated penetrative sexual assault, carrying a punishment of rigorous imprisonment for a term of 20 years to life imprisonment or even death, along with additional fines.
🔒 R**e Laws in India:
Various provisions and acts support the investigation, prosecution, and protection of r**e victims in India. Some key provisions include:
- U/s 228A of the IPC: Prohibits the disclosure of the r**e victim's name and imposes penalties for non-compliance.
- U/s 114-A of the Indian Evidence Act: Allows for the presumption of the absence of consent in certain r**e prosecutions.
- U/s 53(1) of the CrPC: Allows for the medical examination of a person arrested on charges of committing a r**e offense.
- U/s 164A of the CrPC: Provides for the medical examination of r**e victims.
- U/s 327(2) of the CrPC: Mandates in-camera trials for all r**e victims.

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