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Explained: What is Digital Rape?

In prior instances of digital rape, the offender was detained but not penalised or charged in accordance with Section 376 of the Indian Penal Code, which addresses rape offences.

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New Delhi: A local police station recently received a report of a digital rape involving a 3-year-old girl in Greater Noida West.

According to reports, police have set up two teams to find the suspects while using CCTV cameras that were put at the school to investigate the incident.

In prior instances of digital rape, the offender was detained but not penalised or charged in accordance with Section 376 of the Indian Penal Code, which addresses rape offences.

 

What Is Cyber-Raping?

The term “digital rape” may bring up ideas of the web or the cyber world because there have been instances of sexual assault through digital channels. Any sexual offence done online, such as falsifying someone’s online identity or abusing any online platform, is not considered “digital rape.”

It does, however, apply to the act of forcing one’s fingers or toes into another person’s intimate areas without that person’s consent. The conduct has been referred to as “digital rape” since the word “digit” in the English language suggests finger, thumb, and toe.

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.

Due to legal flaws, justice has been denied:

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 fingers. In accordance with Section 376 of the Indian Penal Code, which addresses offences involving rape, he was detained but not tried or punished.

Where in the law does it appear?

However, Indian laws solely designate female victims and male perpetrators, despite the fact that the phrase “digital rape” is gender-neutral and applies to all types of victims and offenders. Legislators divide rape victims into two groups: majors and minors. Minor digital rapists are tried both under Section 375 and the POCSO Act, whilst major digital rapists are arrested and tried under Section 375.

The act of forcing a male genital, a foreign object, or any other bodily part into a woman’s genitals, mouth, anus, or urethra is now referred to as rape, according to the new definition.

According to numerous reports, the person who violated a woman’s modesty or a child’s dignity happened 70% of the time to someone they knew. According to data, those responsible for these crimes have typically been those closest to the victim.

 

Penalties for electronic rape:

The POCSO Act stipulates that the criminal must serve at least 5 years in prison. However, this punishment can be increased to ten years or even life in prison if a person is accused under Section 376.

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