The news about a cancer patient getting sexually assaulted by police officers has left the country shocked and horrified. Things become worse because the victim is a male, and the Indian legal system, as of now, has no protection for him from the specific crime of rape.
What Happened?
The victim is a 30-year-old bank employee and a resident of Bangaon village in the district of Kurukshetra, Haryana. He is currently undergoing chemotherapy for bone cancer in his left leg.
On the night of June 17, 2026, he was returning home on his motorcycle after work. A home guard on duty at the Indri Naka checkpoint stopped him. The reason, according to the complaint: he had covered his face with a cloth, almost certainly a practical measure for a man in the middle of cancer treatment, managing fatigue and temperature sensitivity on a night ride.
The home guard made him remove it. Shortly after, a Dial-112 police vehicle arrived at the spot, notably, the complainant alleges, without a number plate on it. One of the two policemen who stepped out was allegedly drunk and immediately slapped the man.
Despite the victim pleading with the personnel and informing them of his critical medical condition, the officials allegedly mocked his illness, targeted his cancer-affected leg, and subjected him to sexual abuse.
He was forcibly taken to the Ladwa Police Station, according to his complaint to the Superintendent of Police. Once there, the assault continued.
The next morning, while bathing, the youth noticed he was bleeding. Out of shame and fear, he initially told no one, he wrote in his complaint. When his condition deteriorated, he told his family, who took him to the Community Health Centre in Ladwa. He was referred to Kurukshetra Civil Hospital and is currently being treated at Lok Nayak Jai Parkash (LNJP) Hospital.
LNJP Hospital Principal Medical Officer Dr. Sarah Aggarwal said the complainant, who has a fractured arm, is admitted to the hospital. She confirmed that he is receiving specialised treatment for persistent internal bleeding and trauma.
The three accused are identified as ASI Sanjeev Kumar, ASI Rajender Kumar, and Home Guard Sumit.
Read More: Watch: Transwomen Allegedly Raped And Harassed By Policemen In Delhi’s CP Repeatedly
What Does The Indian Legal System Say?
An FIR has been registered against ASI Sanjeev Kumar, ASI Rajender Kumar and Home Guard Sumit on charges of assault and misconduct, Superintendent of Police Chander Mohan said, adding that a Special Investigation Team (SIT) has been constituted to probe the allegations, including that of sodomy.
The Haryana Police have registered a case not of sexual assault but of causing simple “hurt” under Section 114 of the Bharatiya Nyaya Sanhita (BNS) for this case, though.
Nirmal Singh, Deputy Superintendent of Police, Ladwa speaking to The Print, explained why sexual assault charges were absent from the FIR when the complainant had specifically alleged sodomy. Singh said that they were still investigating the allegation, but “Even if the allegation is found correct, there is no penal provision available under the new laws.”
The reason for this lies in a decision Parliament made in 2024. When the Bharatiya Nyaya Sanhita (BNS) replaced the Indian Penal Code (IPC) with effect from July 1, 2024, it did not carry forward Section 377 of the IPC, and it created nothing to take its place.
Section 377 of the IPC stated: “Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to 10 years, and shall also be liable to fine.”
Now, the section was changed when the Supreme Court’s landmark 2018 ruling in Navtej Singh Johar vs Union of India decriminalised consensual same-sex relations between adults. But the part about non-consensual acts of Section 377 was still retained in its application. The crucial distinction was: you cannot go to prison for consensual intimacy, but you absolutely can for forcing yourself on another person, regardless of their gender.
However, when the BNS came into force on July 1, 2024, Section 377 was dropped altogether. Now, under the BNS, rape is defined solely in relation to a female victim. No gender-neutral sexual assault provision was introduced in the new code.
An adult Indian male who is sexually assaulted today is left to seek remedy under provisions covering hurt, grievous hurt, wrongful confinement or intimidation. None of these carries the specific culpability or sentencing weight of a sexual offence.
Voluntarily causing hurt under the BNS is a bailable and non-cognisable offence. The accused cannot be arrested without a warrant. Bail is a matter of right. The maximum sentence on conviction is one year’s imprisonment and a fine of up to Rs 10,000. However, sexual assault against a woman would lead to rape charges, mandatory minimum sentences, and the full weight of a specific sexual assault framework.
As of right now, there is absolutely no legal framework that is protecting Indian males from sexual assault of any kind.
Image Credits: Google Images
Sources: The Print, Deccan Herald, Times of India
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This post is tagged under: Cancer Patient, Haryana Cancer Patient, haryana police, haryana police station, sexual abuse, sodomy, male rape india, male rape india crime, india crime, indian penal code, indian laws
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