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BOIS Locker Room - A Juvenile Perspective

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Case study of BOIS Locker Room with my legal perspective.

1.Facts of the Case

Bois Locker Room is an Instagram group thatsome miscreants of about 100 guys which included underage boys also used to exchange offensive images of young females and plot unlawful activities including gang rape of young girls.The group was forced to give them offensive images of young girls, altering them, calling them names, and discussing gang-rape of girls.The event was made public on May 2 after an Instagram user revealed that a person who had been connected to the group had emailed her screenshots of the group conversation. According to Indian Express, the group has been associated with the names of four private schools located in South Delhi and one in Noida thus far. The Delhi Commission for Women took suo-motu notice of reports about the group following the filing of the FIR. Delhi Commissioner Women (DCW) Chairperson Swati Maliwai tweeted on social media that the DCS has notified Instagram and Delhi police on this issue.[1]These guys' cell phones and other gadgets have also been taken by the Cyber Crime Cell Police.A senior police official stated, "On this, a FIR under pertinent sections of IT Act and IPC was registered at PS Special Cell on May 4, 2020, and investigation has been taken up by CyPAD Unit."[2]

2.Application of Law for the Liability of the Acuused

a.The Cyber Crime Cell of the Delhi Police then registered an FIR under sections 67 and 67A of the IT Act

The Section 67 and 67A of The Infromation Technology Act 2000 Describe the penalties for disseminating or publishing pornographic content online and enalties for posting or sending electronically any content that includes explicit sexual acts etc.The right to privacy of the girls which also include some underage girls of even 14 years have been violated by the leaking of the sexually objectified pictures of them online which deprave their modesty without their consent. The accused can face punishment of three years in prison and a fine of up to five lakh rupees if accused under section 67 which says that the any offenders who disseminate or arranges for the dissemination of pornographic or arousing material in electronic form, or if the material has the potential to corrupt and deprave people who are likely, given all the relevant circumstances, to read, see, or hear the content contained therein.[3]The accused uder Section 67 A may face the penalties of imprisonment of up to five years, as well as a fine of up to ten lakh rupees if they are found guilty of publishing, transmitting, or causing to be published or transmitted in an electronic form any material that contains sexually explicit acts or conduct.[4]

b.Liability under Indian Penal Code(IPC)

The accused will be liable under Section 354 A of IPC which is for Sexual harassment and its penalties.The boys in this case made unwanted and explicit sexual advances through physical contact or requested sexual favors or showed pornography against a woman's consent ,made remarks that are sexually suggestive.They can be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both if found guilty of this offence.[5]The acuused will be also liable under Section 293 if the guys circulated the pornographic items of the girls to minors(anyone under the age of twenty) they will atlwast face a penalty of three years imprisonment along with a fine that may extend to two thousand rupees.[6]

Under Section 500 the accused can be liable as the circulation of sexually obscene,pornographic content of the girls was defaming them as based on the which will lead to penalties of fine, simple imprisonment for a maximum of two years, or both and also under Section 509 as there was expression, action, or thing meant to belittle a woman's modesty and privacy with the intent to offend her modesty and says, does, or displays anything with the knowledge that the woman will hear, see, or hear it, as well as infringes upon her right to privacy, faces possible punishments, including fines and simple imprisonment for up to three years.[7]

c.Liability under THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES (POSCO)ACT, 2012

This Act establishes Special Courts to try cases involving sexual assault, harassment, and pornography against minors and handles matters related to or incidental to them.Some of the girls who nude,sexually obscene content which was circulated in the Instagram group were minors.This act specificallt applies to the minors.Under Section 12 the accused will be convicted to punishment for a term of three years in addition to monetary penalties as they engaged in sexual harassment against a child.(anyone under the age of 18 years will be considers as a minor).[8]

3.My Legal Perspective

The case of "BOIS Locker Room" was a media trial as it was a sort of cybercrime known as "doxing" occurs when someone improperly obtains a person's personal information or photographs and publishes them online with the goal of intimidating the owner of the images or information.This was scrutinised a lot by the media and the accused even recieved threats because of their offences.Many people supported the girls who are victims that the justice should be served to them because of the infringement of basic fundamental rights of privacy and defamed their reputation by The group evaluated the girls according to their body parts and spoke about ways to sexually abuse them,leaking the pornographic,obscene content without their consent.Media trials will not always be helpful and can affect both the accused and the defendants negatively.Recently,a a schoolgirl wrote an Instagram post in May post the revelations of the Bois-LockerRoom, detailing that she was a victim of of sexual harassment by an ex-classmate Manav Singh. The girl will later stood on a trail for aiding and abetting suicide of Manav Singh who later comitted sucide because of the pressure of the scrtinizarion of social media ,with constant threats.Later the girl started recieving the threats after the the guys suicide saying that she alleges fake incidents with false information.She remarked that "I shared my experience with them. Everyone was taken aback. They insisted that I stop keeping quiet and that the public needs to hear this narrative. I made the decision to speak up for myself and share my story at that very moment. "I wanted to say it even though I knew I would be trolled,"[9]This shows the importance of how we nned new precautionary guidelines to follow for fighting agaist cyber crime of sexual harassement.

Most of the accused in this case were in between ages of 15 to 18 years.According to Juvenile Justice (Care and Protection of Children) Act, 2015 the juvelines between the ages of 16 and 18 who break the law may be tried as adults.This act is determine Whether the trial of this child could be conduct under Juvenile Justice Act or Criminal Procedure Code provisions if he committs a very henios crime.To make the law serve justice,we need to instill a fear for punisment to ever committ such acts.Ithink the accused shiuld be punished under the provisions of the Indian Penal Code rather than Juvenile Laws as the act committed by the accused is a henious crime and they are mature enough by being older than 16 years to make rational desicions to not sexually harass the girls.

Ciations:

1.Bois locker room case: Here's all you need to know, available at https://www.deccanherald.com/india/bois-locker-room-case-heres-all-you-need-to-know-833683.html (December 13,2023)

2.Boys Locker Room' case: 15-year-old held in South Delhi, 10 others identified, available at https://www.newindianexpress.com/nation/2020/may/05/boys-locker-room-case-15-year-old-held-in-south-delhi-10-others-identified-2139576.html (December 13,2023)

3.The Information Technology Act(Sectioion 67 of 2000)

4.The Information Technology Act(Sectioion 67A of 2000)

5.Indian Penal Code(Section 354 of 1860)

6.Indian Penal Code(Section 293 of 1860)

7.Indian Penal Code(Section 509 of 1860)

8.POSCO Act,2012, available at https://wcd.nic.in/sites/default/files/POCSO%20Act%2C%202012.pdf (Decemeber 13,2023)

9.BoisLockerRoom: Teen faces trial for abetment to suicide over post,available at
http://timesofindia.indiatimes.com/articleshow/81680497.cms?utm_source=contentofinterestutm_medium=textutm_campaign=cppst (December 13,2023)

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