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Sexual offences

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Sexual offences

  1. 1. Sexual offences are classified as:  1. Natural sexual offenses a) Rape b) Adultery c) Incest  2. Unnatural sexual offenses a) Sodomy b) Lesbianism c) Bestiality d) Buccal coitus  3. Sexual deviations/perversions/paraphilias a) Fetishism b) Transvestism c) Sadism d) Pedophilia etc.  4. Sex-linked offenses a) Indecent assault b) Offenses under Immoral Traffic Act
  2. 2. Definition of Rape Section 375 of IPC defines rape as unlawful sexual intercourse by a man with a woman: 1. Against her will; 2. Without her consent; 3. With her consent, when her consent has been obtained by putting her or any other person in whom she is interested in fear of death or hurt; 4. With her consent, when the man knows that he is not her husband and that her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married; 5. With her consent, when at time of giving such consent, by reason of unsoundness of mind or intoxication or the administration by him personally or through another of any stupefying or unwholesome substance, she is unable to understand the nature and consequences of that to which she gives consent; 6. With or without her consent, when she is under 16 years of age
  3. 3.  Explanation: Penetration is sufficient to constitute the sexual intercourse necessary to the offense of rape.  Exception: Sexual intercourse by a man with his own wife, the wife not being less than 15 years of age, is not rape.
  4. 4.  Punishment  Punishment for the offense of rape is prescribed under Sec 376 of IPC (Fi 1. Under Sec 376 subsection 1: – This clause provides punishment for rape as defined under Sec 375 of IPC – The minimum punishment prescribed for rape is 7years (which may be extended to 10 years) and shall also liable to fine. – In case of a person who was charged with rape of his own wife, the wife being not under 12 years old, he shall be punished with imprisonment for a period of two years or fine or both.
  5. 5.  Punishment 2. Under Sec 376 subsection 2: Whoever, – – 2 (a): Being police officer commits rape within the limits of the police station, or in the premises of any station or on a woman in his custody or in a custody of a police officer subordinate to him; or – 2 (b): Being a public servant, take advantage of his official position and commits rape on a woman in his custody as such public servant or in the custody of a public servant subordinate to him; or – 2 (c): Being on the management or on the staff of a jail, remand home or other place of custody established by or under any law for the time being in force or of a woman’s or children institution takes advantage of his official position and commits rape on any inmate of such jail, remand home, place or institution; or
  6. 6. – 2 (d): Being on the management or on the staff of a hospital, takes advantage of his official position and commits rape on a woman in that hospital; or – 2 (e): Commits rape on a woman knowing her to be pregnant; or – 2 (f): Commits rape on a woman when she is under 12 years of age; or – 2 (g): Commits gang rape, – Shall be punished with rigorous imprisonment for a term which shall not be less than ten years but which may be for life and shall also be liable to fine.
  7. 7. 3. Under Sec 376 A A husband who has sexual intercourse with his own wife, who is living separately, shall be punished with imprisonment of either description for a term, which may extend to two years and shall also be liable to fine. 4. Under Sec 376 B Intercourse by public servant with woman in his custody – whoever, being a public servant, takes advantage of his official position and induces or seduces, any woman, who is in his custody as such public servant or in the custody of a public servant subordinate to him, to have sexual intercourse with him, such sexual intercourse not amounting to the offense of rape, shall be punished with imprisonment of either description for a
  8. 8.  Under Sec 376 C Intercourse by superintendent of jail, remand home etc. – whoever, being the superintendent or manager of a jail, remand home or other place of custody established by or under any law for the time being in force or of a woman’s or children institution, takes advantage of his official position and induces or seduces any female inmate of such jail, remand home, place or institution to have sexual intercourse with him, such sexual intercourse not amounting to the offense of rape, shall be punished with imprisonment of either description for a term which may extend to five years and shall also be liable to fine
  9. 9.  6. Under Sec 376 D Intercourse by any member of the management or staff of a hospital with any woman in that hospital – whoever,being on the management of a hospital or being on staffof a hospital takes advantage of his official position andhas sexual intercourse with any woman in that hospital,such sexual intercourse not amounting to the offense of rape, shall be punished with imprisonment of either description for a term which may extend to five years and shall also be liable to fine.
  10. 10. Rapes are classified as-  1. Statutory Rape  2. Marital Rape  3. Gang Rape  4. Date Rape  5. Stanger Rape  6. Custodial Rape(Custody Rape)
  11. 11. 1.Statutory Rape : It is a forcible sexual intercourse by a man with a woman, who is less than 16 years of age. 2. Marital Rape Also called as spousal rape. Under sec 376 A of IPC, it is a forcible sexual intercourse by a man with his wife without her consent if: – Wife is living separately from him under a decree of separation OR – Wife is living separately from him under any custom or usage. It is punishable with imprisonment of either description for a term, which may extend to two years or with fine or with both.
  12. 12.  Custodial Rape (Custody Rape) It is done by persons taking advantage of their custodial positions and has forceful sexual intercourse with woman in their custody. • The provisions of Section 376 2(a to d) recognize this condition and prescribe punishment (vide supra).  Gang Rape Also called as group rape or pack rape When rape is committed on a female by more than one person acting in furtherance of their common intention, it is called as gang rape. • It is punishable under Section 376 {clause 2 (g)} of IPC.
  13. 13.  Date Rape Also called as acquaintance rape. It is a forcible sexual intercourse by a boyfriend with girlfriend when they are on date (for stay or vacation). • In such cases, the girl may allege that her boyfriend had given her some intoxicant and proceed with the act. • Adolescent and young girls are more likely to be victims of sexual assault. • The concept of date rape is not recognized in India.  Stranger Rape It is the rape committed by a male on a female who had no previous contact with the victim.
  14. 14. • Doctors, examining a victim of rape are shouldered with dual responsibilities, firstly they have to treat the patient and provide support and secondly they have to examine the victim and collect material evidences to facilitate and aid the justice.4 • A female nurse or attendant should be present while examining victim. Section 53 (2) of CrPC states that whenever female has to be examined it should be done by (or under supervision) of a lady doctor. • The medical examination consists of: 1. Recording history 2. Examination of clothes 3. Physical examination 4. Collection of material evidence
  15. 15.  Consent: Written informed consent of a victim is a must without which a doctor cannot proceed with medical examination. A victim of and over 12 years of age can give consent. If she is child under 12 years of age or of unsound mind, then consent of parent or guardian should be taken.
  16. 16.  History The history includes • Whether the victim had attended menarche? If yes, whether she was menstruating at the time of alleged incident? • Her marital status and history • Obstetric history, if relevant • History of any venereal disease • History about the incident, the time, the location, date, nature of assault, whether penetration was vaginal/anal/oral. Number of assailants. • Whether there was any ejaculation/discharge? • Whether resistance offered? • Whether bath taken or local washing done?
  17. 17.  Clothes • Clothes should be examined for presence of blood stains, semen stains, secretions, mud particles, any hair or foreign material etc. • Note for any damage to clothes in form of torn marks cut, tear, rip, wear and tear, loss of buttons etc. Damage to clothes can be interpreted as indicating a struggle or that force was used. • Microscopy can identify blood on the cut thread ends of a cut
  18. 18. Physical Examination General examination • A good light is essential • Record two identification marks • Record general built, height and weight • Record vital parameters • Examine mental maturity in relation to age • Mental status – confused/clear/apprehensive • Request the victim to stand on a large clean, white sheet of paper and undress herself. The purpose is to collect any material evidence that falls on the paper • Examine the presence of any fresh or dried blood stains/ semen stain/saliva stains etc. on the body. These should be scrapped/swabbed and collected • Note presence of injuries over body. The injuries may be found over face, neck, breast, inner aspect of thigh etc. Look for recent physical assault injuries like grip marks, bite marks, ligature impressions etc
  19. 19. Local Examination • A good light is essential and the lithotomy position is preferable • Pubic hairs – Note whether shaved/unshaved/matted with semen/blood. Search for presence of any foreign hair. Take clippings of pubic hair from victim for comparison • Thigh – Note presence of contusions and/or abrasions or any stains • Look for any vaginal bleeding • Labia majora and minora – Note presence of any swelling/ injury/stains/soiling
  20. 20. Local Examination • Hymen – The hymen may be conveniently examined by inserting a specially designed glass globe on a stem, which is then partially withdrawn so that the hymen is spread around its circumference However, in most instances, a conventional examination using a speculum is carried out. Note the state of hymen whether torn or intact. If torn, its extent, position, fresh or old (Table 16.3). It is said that tears of the hymen due to rupture with fingers are usually lateral, whilst rupture with the penis are usually posterior.6 In children hymen may not be ruptured but becomes red and congested because hymen is deeply situated. Adult penis may not penetrate without causing gross damage. There may be bruising of labia.
  21. 21. Local Examination Vagina – Look at vaginal mucosa for presence of any injury/foreign body. Rugae of vaginal wall – distinct/not distinct Look for vaginal canal and fornix for collection of any fluid/semen Th examination should include deep vaginal examination, as occasionally, high vaginal tears occur, especially in violent assaults on children Colposcopy – provides magnification in a range of 5 to 30 times and greater illumination and thus help in detection of minor trauma. Many authorities recommend use of colposcopy examination in sexual assault victims.  Toluidine blue – Toluidine blue stains nuclei and is used on the posterior fourchette to identify lacerations of the keratinized squamous epithelium that are not apparent on gross visualization. Anus – look for any discharge/hemorrhage/injury.
  22. 22. Hymen may not be ruptured if: • If penetration was not full • If victim happens to be female child as hymen is deeply situated • If hymen if tough, fleshy, elastic (false virgin) • If female is deflorated.
  23. 23. Samples to be collected in victim  1. Clothes and undergarments  2. Foreign evidentiary material – like hair, fiber, button etc.  3. Fingernail scrapings  4. Scrapings from suspected stain marks from body surface  5. Scalp hairs – for comparison with scalp hairs found over  body/clothes of alleged accused  6. Swab from teeth bite mark  7. Combing of pubic hairs  8. Hair clipping of victim  9. Vaginal swab/smears, cervical smears  10. Washings of posterior fornix of vagina for – Detection of spermatozoa. Presence of mycobacterium smegmatis (smegma bacilli). Presence of sexually transmitted disease
  24. 24. Samples to be collected in victim 11. Blood for – Serology – Pregnancy test – For presence of drug/intoxicant – DNA profiling – For venereal disease 12. Urine for – Pregnancy test – Detection of alcohol 13. Condom if found at scene of crime – laboratory examination of condom may reveal presence of blood/vaginal epithelial cells on one side and semen on the other. Pubic hairs may also be present. DNA profiling of semen may be of help
  25. 25. Medical Examination of Accused The medical examination consists of: 1. Recording history 2. Examination of clothes 3. Physical examination 4. Collection of material evidence
  26. 26.  Consent Consent of the accused should be taken prior to examination. In case of minor, the consent from his parents or legal guardian is taken. If the accused is in police custody and refuse to consent for medical examination, then the examination can be carried out without the consent of accused as per provisions of Section 53 (1) of CrPC.  Clothes Clothes should be examined for presence of blood stains, semen stains, stains of vaginal secretions, mud soiling, for presence of any foreign body such as scalp hair, pubic hair etc. Note any cut marks or tear marks over
  27. 27.  General Physical Examination • Record two identification marks • Record height, weight, built.  Record vital parameters • Note for presence of any stains or soiling over body • Note for presence of any foreign body • Note for presence of any injury over body • Foreign material such as blood, vegetable matter or mud stains on the knees, buttocks and pubic hairs should be looked for. • Systemic medical examination should be done
  28. 28.  Genital Examination • Examine the genital organs with reference to development and for potency • Note for presence or absence of smegma under the prepuce. The smegma is thick, cheesy whitish secretion with disagreeable odour comprising of desquamated epithelium and smegma bacilli (Mycobacterium smegmatis). It takes about 24 hours to collect the smegma on corona glandis. The smegma is wiped out during the act of sexual intercourse. Therefore presence of smegma indicates non-participation of a male in recent sexual intercourse act. However, caution should be exercised because the smegma may be removed by a person during daily bath as a part of maintaining local hygiene.
  29. 29.  Examine penis for swelling, tenderness and injury especially to the rim of the glans and the frenulum.6  • Examine the shaft of penis for presence of vaginal epithelial cells and/or for presence of bloodstains. Glycogen rich vaginal epithelial cells may be detected from penis in sexual assault case. Wipe the shaft of penis with moist filter paper and exposed to vapors of Lugol’s iodine. Development of brown colour indicates presence of glycogen rich vaginal epithelial cells. Similarly microscopic examination may also show vaginal epithelial cells
  30. 30.  1. Clothes and undergarments  2. Foreign evidentiary material – like hair, fiber, button etc.  3. Fingernail scrapings  4. Scrapings from suspected stain marks from body surface  5. Scalp hairs – for comparison with scalp hairs found over body/clothes of victim  6. Swab from teeth bite mark  7. Combing of pubic hairs  8. Pubic hair clipping of accused  9. Urethral swab  10. Swab from glans  11. Blood for  – Serology  – For presence of drug/intoxicant  – DNA profiling  – For venereal disease.
  31. 31. Complications or Dangers of Rape 1. Hemorrhage and shock due to injuries sustained to genitals or perineum 2. Death may occur due to: – Assault to obtain consent or put her in fear By suffocation – to prevent shouting – Strangulation – to hide the crime – Suicide – due to depression or frustration of being raped – Intoxicants – overdose or adulteration 3. Mental agony, which disrupts the victim’s physical, social, mental and sexual life.
  32. 32. Complications or Dangers of Rape 4. Rape trauma syndrome: The syndrome includes behavioral, somatic or psychosocial reaction to the act of forceful sexual intercourse. It is regarded as post- traumatic stress disorder. The syndrome has been defined in two stages:10 – Immediate – the phase of disorganization characterized by feeling of guilt and humiliation. – Delayed – or phase of reorganization characterized by protracted response in form of recurrent and intrusive recollection of stressful event either in flashbacks or in dreams.
  33. 33.  It is defined as a sexual intercourse by a man with a woman who is closely related to him by blood or by marriage i.e. within the forbidden degrees of relationship. • Examples are sexual intercourse between father and daughter, son and mother, siblings, brother and stepsister, nice and uncle etc. • In India, as such, incest is not an offense, unless it is brought into any of the sections of 376 or 497 of IPC (rape or adultery). • It usually occurs between family members and recognized as: 1. Between father and daughter – the Electra Complex 2. Between mother and son – the Edipus Complex 3. Between brother and sister – the Pharaonic incest
  34. 34.  Adultery means voluntarily sexual intercourse between one spouse and a person of the opposite sex, not his or her partner, during the continuation of marriage. • In other words, it is voluntary natural sexual intercourse by a married man with another married woman or between a married woman and some other man who is not her husband. • Section 497 of IPC states that – whoever has sexual intercourse with a person whom he knows or has reason to believe to be wife of another man, without the consent or connivance of that man, such sexual intercourse not amounting to rape is guilty of offence of adultery, and the guilty shall be punished with imprisonment of either description for a term which may extend to five years, or with fine or with both.
  35. 35.  A criminal suit can be filed only against the male adulterer since adultery is an invasion on the right of husband over his wife. In such cases, the wife shall not be held guilty and cannot be punishable as an abettor. However, the distressed husband can file for divorce. • The scope of this section is limited to adultery committed with a married woman. Having sexual intercourse with an unmarried girl, or prostitute or a widow or even with a married woman whose husband consents for the act or with his connivance, are not covered by this section.
  36. 36.  Law of India permits only natural sexual intercourse between man and woman and any practice of sexual intercourse against the order of nature is punishable under Section 377 of IPC. Section 377 of IPC states that – 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 ten years and shall also be liable to fine. Explanation – penetration is sufficient to constitute the carnal intercourse necessary to the offence described in this section.
  37. 37. Sodomy is anal intercourse between man and man or between man and woman i.e. it is penile-anal intercourse. • The name sodomy is derived from town Sodom where it was practiced. In ancient Greek, people used to practice it thus it is also called as “Greek Love”. • It is also known as buggery. Buggery is a lay term used to refer to penile penetration of the anus of man or woman. • The person who is doing anal intercourse (i.e. the offender) is called as active agent and other partner is called as passive agent. It is called as pederasty when the passive agent is a child and child is known as catamite. • Rarely, sodomy may be practiced by two men who alternatively act as active and passive agent.
  38. 38. Sodomy is anal intercourse between man and man or between man and woman i.e. it is penile-anal intercourse. • The name sodomy is derived from town Sodom where it was practiced. In ancient Greek, people used to practice it thus it is also called as “Greek Love”. • It is also known as buggery. Buggery is a lay term used to refer to penile penetration of the anus of man or woman. • The person who is doing anal intercourse (i.e. the offender) is called as active agent and other partner is called as passive agent. It is called as pederasty when the passive agent is a child and child is known as catamite. • Rarely, sodomy may be practiced by two men who alternatively act as active and passive agent.
  39. 39.  Lesbianism: Also called as tribadism, sappism or female homo- sexuals • It is a female homosexuality wherein woman derives sexual pleasure and gratification by mutual friction of genitals (it is female counterpart of sodomy). • The term lesbianism is derived from an island, the Isle of Lesbos in the Aegean Sea (off the coast of Greece) where it was practiced by females. The word sappism is originated from the fact that the island was ruled by Queen Sappho.  • The active partner is known as “butch” or “dyke” and the passive agent is called as “femme” Medicolegal Aspects 1. Continued lesbianism can be a valid ground for divorce or annulment of marriage under Hindu Marriage Act. 2. Lesbian female may be morbidly jealous and commit homicide or suicide or both.
  40. 40.  Buccal coitus: Also called as oral coitus or “Sin of Gomorrah” • It is said that this practice was prevalent in town Gomorrah that was twin city of Sodom. • It can be performed and practiced by both sexes i.e. male and female • When the intercourse is between oral cavity and penis (i.e. Buccal-penile), the act is called as “fellatio”. The partner who performs (i.e. the male) is called as “fellator” and the other person on whom it is performed (i.e. female or male who is sucking penis) is called as “fellatee”. Fellatio is also referred as irrumation. • When the female genital organs including clitoris is sucked (or stimulated by mouth) by male or female partner, then the act is called as “cunnilingus” (i.e. the practice is Buccal-vaginal act). • Anilingus is the sexual activity in which the anus is licked sucked or rubbed by the lips and/or tongue.
  41. 41.  Medicolegal Aspects 1. It is unnatural sexual act and punishable under Sec 377 of IPC 2. As per Hindu Marriage Act, a female can seek divorce if her husband is insisting and repeatedly demanding for Buccal coitus 3. In some countries, penetration of the vagina or anus with tongue during non-consensual cunnilingus or anilingus is considered to be legally analogous to nonconsensual penile penetration of the vagina and anus. The British Parliament has created a new offense of “assault by penetration” which is defined as non-consensual penetration of the anus or vagina by an object or a body part.
  42. 42. Bestiality • It means sexual intercourse by a human being with a lower animal • Animals usually preferred are: 1. By males: cows, female sheep, goat, calves, mare, she-ass, cat 2. By females: dogs, horses etc. • The intercourse may be vaginal or anal with animal • The act is done by a person having mental aberration. At times, the act is done in mistaken belief that gonorrhea is cured by intercourse with she-ass.
  43. 43.  Medical Examination  In Accused :Stains over clothes may be present of – dung, mud, secretions • Signs of injuries over penis. Similarly injuries over body may be seen due to kicking or biting by animal Stains over penis – in form animal feces, secretions, blood • Animal hairs may be present Infection transmitted from animal such as genital lesions may be present. In Animal • Injuries to genital region. Presence of human spermatozoa in vaginal or anal canal of animal.  Medicolegal Aspects 1. It is criminal offense in India. 2. It is valid ground for divorce. 3. It is cruel to animal and violates the right of animal of sexual independence
  44. 44. • Sexual paraphilias are disorder of sexual preferences in which sexual arousal occurs persistently and significantly in response to objects, which are not a part of normal sexual arousal. • In other terms, it is the achievement of sexual gratification by means other than natural sexual intercourse. Sadism:The term is derived from Marquis de Sade, who wrote novels regarding the practice of sadism • In sadism, the person gets sexual gratification (sexual arousal and orgasm) by inflicting pain, torture and humiliation to other partner. • It is commonly found in male partners and he may bite, whip, beat or ill-treat the partner to achieve sexual arousal.
  45. 45. •Lust murder – in extreme case of sadism a person may kill his partner and killing of partner acts as stimulus to sadist for achieving sexual gratification. Prof. V.V. Pillay had quoted a sentence of Ted Bundy – a serial rapist and murderer in Textbook of Forensic Medicine and Toxicology which reads as “sometimes when I am doing it with a woman, I get this urge to hurt her, to draw her blood. I just can’t help it ….” This sentence aptly reflects the mental make-up of these persons. Masochism: It is opposite to sadism • Here the person gets sexual gratification from being bitten, tortured or humiliated by partner. He often asks his partner to beat him or inflict pain. • It was first described by an Austrian novelist, Leopold Von Sacher Masoch (1836–1895), hence the name “masochism”.
  46. 46. • Bondage This is a condition where both sadism and masochism are present. Fetishism It is usually found in males. In this sexual deviation, the male experiences sexual gratification by seeing some part of body of a female or some article belonging to her for example sandal, scalp hairs, inner garments etc. • The fetish person contravenes law at times while stealing these objects. He may commit violence and criminal act while taking that object.
  47. 47.  Transvestism (Eonism) • In this deviation, there is desire to wear the clothes of opposite sex. For example a male may have desire to wear female dress. • In some obsessed persons, they may even change their sex, by surgery, to be part of opposite sex.  Exhibitionism • In exhibitionism, the sexual pleasure is obtained by indecent exposure of the genital organ in public place. It may be a willful and intentional act, mostly found in males. These persons expose their penis to women or girls. • It is a criminal act and is included as an obscene act and is punishable under Sec 294 of IPC. Imprisonment up to 3 months or fine or both may be awarded.
  48. 48. Voyeurism (Scoptophilia) In this deviation, sexual pleasure is obtained by repeatedly seeing (or looking or peeping) the other person while undressing, bathing or doing sexual intercourse. • Peeping Tom is the name given to male voyeurs who repeatedly do such activities. Troilism It is extreme form of voyeurism where husband get sexual gratification by watching or seeing his wife doing sexual intercourse with another person. At times, the husband forces or induces his wife to do sexual intercourse with another man to achieve satisfaction
  49. 49.  Frotteurism • In this deviation, sexual satisfaction is obtained by touching the body or body parts of other person. For example in a crowded city bus, a male may rub his genital organ with buttocks of female standing with him or a person may touch private parts of female. • This act is punishable under Sec 290 of IPC.  Necrophagia • Sexual pleasure is obtained by eating flesh of a dead person. • It is extreme degree of sadism.  Necrophilia • In this condition, sexual pleasure is obtained by doing sexual intercourse with dead bodies. • Apart from other sections, the act is punishable under Sec 297 of IPC for causing indignity to human corpse
  50. 50.  Masturbation • In this condition, sexual gratification is obtained by deliberate self- stimulation of own genital organ. • It is offense when practiced in public place.  Myxoscopia Sexual pleasure obtained by watching sexual intercourse of other person or couple. It is a type of voyeurism.  Satyriasis Excessive sexual desire and drive in males.  Nymphomania Excessive sexual desire and drive in females.  Pornographomania Sexual pleasure obtained by watching or referring pornographic material or literature.
  51. 51.  Erotographomania  Sexual pleasure is obtained by obscene and vulgar writings  in public places. For example, writing vulgar things in public  urinals, train toilets etc.  Coprolalia  Sexual pleasure obtained by using obscene and vulgar language  in public.  Undism  Sexual satisfaction obtained by watching the act of urination  of another person.  Coprophilia  Sexual gratification achieved by smelling or touching fecal  matter (stool) of opposite sex.  Ecoutage  Sexual pleasure obtained by hearing sounds of love-making  or sexual intercourse
  52. 52.  Pygmalionism Sexual gratification achieved by watching or handling nude statues of opposite sex.  Gerontophilia or Gerontosexuality The term gerontophilia is used to denote a specific sexual inclination towards the elderly.  Bobbit Syndrome In this type of perversion, the female partner amputes the penis of her male partner with a sharp cutting weapon.  Pedophilia A pedophile is an adult who repeatedly engages in sexual activities with pre-pubescent children. It may be heterosexual pedophile or homosexual pedophile.

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