After reading the term "digital rape" people usually mis conceptualise the term with a rape that would have been conducted with the use of any kind of digital technology .The term could be interpreted relating to any kind of electronic medium and an activity that could be performed on an online platform but the term is totally different from what it's meaning could be interpreted by people in a normal world.To understand the basic concept of what digital rape is and what are the laws that deal with the particular matter it is necessary to go through the meaning of this concept.

What is digital rape:
Normally the term "rape" is associated with forced or non consensual insertion of penis of a male into a female's vagina. But the term is digital rape is the non consensual insertion of a toe, finger or fingers or an object into a victims body. "Digit" is associated with the number of fingers or toe in a person's hand that were used while performing the act.And the term digital rape is referred with any sort of online activity being involved while performing the act.

This kind of heinous crime doesn't only cause a type of physical harm on a victims body but also the psychological harm is caused that is irreparable loss for the victims and their family for lifetime.It is an offence against body, mind and reputation all together. These kind of offences are gender neutral offences which means it doesn't involves only male as an accused but a female can also be accused of any such offence.

And it is not Just concerned with the minors but adult could also be the victim of such offence. And even though the accused might think that this act is not as grave as actually committing an offence of rape as defined under Indian penal code,1860 before Nirbhaya rape case but it actually causes the equal damage to the victim and her or his family.

So,the meaning of the term "digital rape" could be defined as follows:
"A person who is said to be using an electronic medium while inserting an object, finger, toe rather than penile insertion forcefully and non consensually into the victim's vagina or Anus is said to have committing the offence of digital rape."

Before Nirbhaya rape case-the outlook of Indian judiciary system on the cases of rape was not as strict as it was after Nirbhaya rape case.before 2012,the court usually considered rape as forceful and non consensual insertion of a males penis into a victims body. It did not cover various other activities that could be covered in the definition of rape.These kinds of offences would fall into the category of outraging the modesty of woman under section 354 ipc.

The accused who had committed such kind of offence before 2012 would be set free very easily after serving a much less punishment that would last up to two years imprisonment.These kind of offences would usually be covered under the definition of defamation before Nirbhaya rape case.

After Nirbhaya rape case:
The world took a different turn after the devastating news of Nirbhaya rape case was spread all over India. There was a mass rage towards this incident which put a question on our justice delivery system and asked If the law made on rape cases was enough. And judiciary in answer made the law more stringent. It widespread the arena of offence like rape and tackled any of the people doing any of such act with condemnation and severe punishments.

It also made broader the definition of offence of rape and introduced various amendments into it.And now India forbids any of such heinous crimes with a much strict procedure and more harsh punishment. There were amendments made after the act of 2012 and the definition of rape was made broader that includes digital rape too.
Legal provisions in India-

The protection of children from sexual offences Act, 2012

• The Protection of Children from Sexual Offences Act, 2012:
  • Section 3 of this act covers digital rape under penetrative sexual assault, and the person committing such an offence will be punished with imprisonment under section 4, which shall not be less than 10 years but may extend up to life imprisonment, including a fine.
  • Section 5 of this act covers digital rape by a person in authority or a person who is supposed to look after the child. Such an individual is said to have committed the aggravated penetrative sexual assault, and the person committing the offence will be punished with imprisonment under section 6, which will be a rigorous imprisonment for a term not less than 20 years, up to the punishment for death, including a fine.
  • Sections 14 and 15 of this act punish a person for using a child for pornographic purposes or for keeping the storage of pornographic material involving a child.
     
• Indian Penal Code, 1860:
  • Although the Indian Penal Code, 1860, is repealed by the Bharatiya Nyaya Sanhita, 2023, it is important to cover the provisions that used to cover the offence of digital rape in them.
  • Section 375 of the Indian Penal Code, 1860, covers the offence of rape and includes digital rape. The accused committing such an offence shall be punished with rigorous imprisonment for not less than 10 years, but it may extend up to life imprisonment with a fine.
     
• Bharatiya Nyaya Sanhita, 2023:
  • Section 63 of this act covers digital rape with imprisonment not less than 10 years, which may extend up to life imprisonment along with a fine.
     
• Information Technology Act, 2000:
  • This act penalises a person for the publication and transmission of sexually explicit material in electronic form with imprisonment and a fine.
     
• International Laws on Digital Rape:
  • United Kingdom:
    • Section 2(1)(c) of Schedule 1 of The Domestic Abuse Act, 2021, covers the act of digital rape under the categories of rape, penetrative sexual assault, and sexual assault.
    • The Sexual Offences Act 2003 also covers digital rape under the definition of rape under section 1.
  • United States of America:
    • Section 289 of the California Penal Code, enacted in 1872, covers the definition of digital rape without consent.
    • The Model Penal Code also covers digital rape under the definition of rape.
       

Cases on Digital Rape:

• Thomas @ Joshy vs State of Kerala on 28 March, 2025: The case is still in appeal, but the accused was convicted for digital rape under section 376 of the Indian Penal Code, 1860, read with section 6 of The Protection of Children from Sexual Offences Act, 2012.
• Xxxxxx vs State of Kerala, 2024: The accused was convicted for digital rape under section 3 and 4 of The Protection of Children from Sexual Offences Act, 2012.
• State vs Raj Kishore @ Raj Kumar, 2012: It was held that the accused had committed aggravated sexual assault or digital rape on the prosecutrix and was held liable under section 376 of the Indian Penal Code, 1860.
• Abdul Gani Raja vs The State, 2024: The Madras High Court held that only penile insertion is not necessary to constitute the offence of rape, and penetration could be done through an object or any other body part.

Conclusion And Suggestion:
The term digital rape is still a new concept to be dealt with by the jurists, lawyers and judges too. These kind of offences are committed by people already known to the victims. So the intent is already unknown to the victims since the beginning of the act. They are not aware of what is happening to them also the position of the perpetrator or accused is as such that the victim entrusts their everything with the accused and they're not aware of the crime that's happening to them.

It's usually gets very late when the victims realise of what's happening to them.Most of the times they don't report the offence immediately firstly, because they could not believe themselves of what has happened to them. Secondly, because of the societal pressure they do not report such offences as they consider themselves wrong if they report such offence.thirdly the accused are in such a position to dominate the will of the victims that they are already in fear of what could happen if they report such kind of offence. The laws before 2012 were not Well versed with any such concept like digital rape so the accused would easily swipe their ways out of such offences very easily.

And the laws after 2012 have made remarkable improvements in dealing with these kind of offences but still a lot has to be done with such offences and it is important to make laws more stricter and more effective in dealing with such offences in future.while the cyber arena of the world is expanding and the world is shifting toward digital modernism it is necessary that there should be a separate enactment of laws that should deal with the offences that are yet to be covered and dealt with at the present time.

It is also necessary that the legislative bodies must put into note and make themselves aware of what the present generation is going to deal with by the advancement of technology and development in the world of artificial intelligence.

Suggestions:

• There should be awareness camps organised not just in schools but also in cities and villages too to make people aware of such kind of offenses.
• The legislative body should make laws more strict and more precise to deal with such offence.
• All the social media platforms should make rules and policies in combating these kinds of offences.
• Counselling and housing facilities should be arranged for the victims of any such offences.
• Legal assistance and the whole process to deal with any such kind of offences should be made easy with a certain time limit.
• The accused of such offences should be provided with mental help to understand that might help them to not repeat any of such act in future.
• Victims' identity should be protected and a friendly environment should be created around them to prepare them for a better future.
• Schools should have a monthly counselling session including government and private schools to understand and take note if any of the child is a victim and is unable to understand the act or whatever is being done to them is wrong.
• Parents must look out for their child and the world they're creating around them and provide their child with a safe and a healthy atmosphere so their child might immediately report it to them if any of such offence happens with them.
• Legislative bodies must try to make laws on the subjects covering cyber laws and all the possible offences that might be discovered in future regarding the digital advancement and its disadvantages.

Written By: Avantika Shukla (advocate at Allahabad high court)