THIRUVANANTHAPURAM: Although the prosecution of sexual assaults in the film industry is now under the new Criminal Code, the accused will be charged under the sections of the old IPC Act. The decision has been reached as all the allegations were committed before July 1 2024, that is before the new law came into effect. All the proceedings including FIR will be under Bharatiya Nyaya Sanhita while offenses and punishment will be under I.P.C.

The confidential statement of the complainants will be recorded before the Magistrate as there exists a possibility of complainants changing their statements under coaxing from the accused. Collecting scientific and circumstantial evidence will prove to be a burden along with acquiring tower location, and CCTV evidence. Forensic and medical tests are nearly impossible in these cases. In a bid to strengthen the case, police will contact the informants to which the complainants first revealed the atrocities and will turn them into witnesses. The investigation and the arrest procedures will be videotaped.

Under the new law, digital evidence is considered primary evidence. WhatsApp voice messages, sexual conversations and videos sent by the accused to the complainants will be crucial. The unreleased second part of the Hema Committee report contained such evidence on pen drives and CDs. Copies of videos and documents can also be prima facie evidence if the complainant’s phone is changed or destroyed.

The main charges are IPC-354 (insult to womanhood), 376 (harassment) and 503 (intimidation). Section 376 is punishable with life imprisonment and Section 354 is punishable with imprisonment of up to seven years and a fine.

If the charge sheet is not filed within 90 days of taking the case, the accused will be granted bail. In serious cases, the court can grant an extension of up to 180 days. Judgment should be given within 30 days after the trial.