Digital Rape - Harshita Verma

What is Digital Rape?
Initial reaction of people when they hear this word is that something might have occurred
digitally or online. Digital rape has nothing to do with sending lewd photos, abusing
computers, or harassing people online. Rather, it is a word for classifying several rape
situations.
“When a person enters the victim's vagina without the victim's consent, it is considered
digital rape.” Literally, the phrase refers to forcing fingers or toes inside another person's
private areas without that person's consent. Since the word "digit" in the English dictionary
refers to a finger, thumb, or toe, the act has been called "digital rape." Finger, thumb, and toe
are all considered to be digital.
Up until December 2012, "digital rape" was classified as molestation rather than rape and did
not meet that criterion. New rape legislation were passed in parliament after the horrifying
Nirbhaya gang-rape case in 2012, and the act was classified as a sexual offence.
Under what law does it appear?
Indian Penal Code, 1860
Sec.375 — Digital penetration by the accused — Even absence of penile penetration

amount to rape.
Despite the fact that the term "digital rape" is gender-neutral and refers to all types of victims
and offenders, Indian law only designates female victims and male perpetrators. Majors and
minors are the two categories into which lawmakers split rape victims. Major digital rapists
are apprehended and prosecuted under Section 375, while minor digital rapists are tried under
both Section 375 and the POCSO Act.
Various incidents and loopholes in the law
In the past, a 2-year-old from Mumbai was taken to the hospital bleeding, and although there
was no proof of rape or sexual assault, the physicians found that her vagina was burst.
However, it was eventually discovered that her father had been piercing the girl with his
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fingers. Despite being detained, he was not charged or punished for the rape offence under
Section 376 of the Indian Penal Code.
In a separate incident, an auto-rickshaw driver in Delhi sexually raped a 60-year-old woman

while she was a passenger. The driver used an iron bar to penetrate the victim, who was
visiting a relative's wedding. The motorist was detained once more but was not given a
Section 376 IPC charge.
According to reports, the 81 year elderly man who runs a business and works as an artist in
Himachal Pradesh was living with the 17 year old who was his colleague's daughter and had
been sent away in order to pursue further education. But ever since the girl moved in with
him, the accused allegedly had been taking advantage of her sexually.
"At first, the girl was terrified. She began documenting the suspect's sexual attempts a month
ago, typically as audio files. In addition, it was stated that, "She gathered extensive evidence
and disclosed her ordeal to a woman who shared the suspect's residence, who subsequently
filed a complaint."
The kid testified that the accused used to beat her for refusing his severe treatment. In
response to the minor's complaint, the police have opened an investigation under IPC sections
376 for rape, 323 for intentionally causing hurt, and 506 for criminal intimidation.
Because crimes committed under digital rape, which essentially involved a "violation of a
woman's dignity using fingers, foreign material, or any other part of the human body, were
not deemed a crime under any section," this highlighted numerous flaws in Section 376 of the
IPC, which deals with sexual offences.
In addition to the testimonies already given, there are several other digital rape incidents all
over the internet.
It has been stated in numerous publications that the individual who violated a woman's or a
child's dignity 70% of the time was someone they knew intimately. Typically, those close to
the victim are the ones who commit these crimes. Cousins, close friends, uncles (other
relatives), neighbours, and occasionally even the accused person's own father came forward.
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In 29% of cases, the victim knew the attacker through their social network. someone they
knew from their social or professional network. Knowing that only 1% of cases were reported
in which the offender was a stranger must make you feel odd.
Criminals attempt to digitally rape women and children just because they are not physically
assaulting her body with their penis. These cases are difficult for the government to handle
under Indian rapist law. However, the new adjustments were implemented quickly. It
promised to provide enough protection for girls against these heinous criminal actions.
Punishment for the crime
The law stipulates that the criminal must serve a minimum of five years in prison. In certain
circumstances, this punishment could be carried out for up to ten years or potentially result in
life in prison.
It has been a good step that the phrase "digital rape" has been added to the definition of
"rape," and severe regulations are now in place to punish offenders who believe that rape in
any form is not rape at all.

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Digital Rape - Harshita Verma

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What is Digital Rape?

Under what law does it appear?

Indian Penal Code, 1860

Sec.375 — Digital penetration by the accused — Even absence of penile penetration

Various incidents and loopholes in the law

In a separate incident, an auto-rickshaw driver in Delhi sexually raped a 60-year-old woman

Punishment for the crime

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