‘Digital Rape’ By ICU Staffer In Gurugram: Let’s Understand The Term And Its Meaning
Gururam: A 46-year-old flight attendant undergoing treatment at Medanta Hospital in Gurugram has accused a 25-year-old ICU technician, Deepak Kumar, of digitally raping her while she was in a semi-conscious state. The incident allegedly took place on April 6 inside an ICU room, where Kumar was on duty handling medical equipment. Shockingly, two nurses were reportedly present during the assault but did not intervene.
The accused, a native of Muzaffarpur, Bihar, has been booked following a complaint lodged by the victim on April 14. Gurugram police initiated an extensive investigation, which included reviewing footage from over 800 CCTV cameras across the hospital and interrogating more than 50 staff members, including doctors, nurses, and technicians.
A case has been registered under relevant sections of the Bharatiya Nyaya Sanhita (BNS), and the investigation is ongoing. Police officials stated that further action will be taken based on forensic evidence and follow-up questioning.
Understanding Digital Rape and Its Legal Framework:
While the case is still under investigation, it has reignited concerns around the awareness and seriousness of “digital rape” in India. The term entered the legal lexicon after the 2012 Nirbhaya case, which led to the Criminal Law (Amendment) Act, 2013. Under this Act, the definition of rape in Section 375 of the Indian Penal Code was expanded to include forms of non-penile penetration, commonly referred to as digital rape.
The term digital rape does not refer to anything related to digital technology. In legal terms, “digital” refers to the use of fingers (digits) or other objects in acts of sexual assault. It is a gender-neutral term and applies to all victims and offenders, regardless of gender.
For child victims, such acts fall under the Protection of Children from Sexual Offences (POCSO) Act, specifically Section 3, which defines penetrative sexual assault as the insertion of any object or any part of the body (except the penis) into the vagina, urethra, or anus of a child. Sections 5 and 6 of the POCSO Act prescribe strict punishment, including imprisonment and fines. The law distinguishes between adult and child victims, and between the age and mental condition of perpetrators only in sentencing guidelines. Prior to 2013, such cases were often classified as molestation or assault, carrying lighter penalties. The 2013 amendment was a crucial step in recognizing the gravity of these crimes and ensuring justice for survivors.