If you are stuck in such a situation, here is what to do.

Mr. Alok Verma, a resident of Jayanagar, found himself in a distressing situation while commuting on a local bus. Due to the crowded nature of the bus, he was seated next to a woman, Ms. Priya Sharma. Ms. Sharma suddenly accused Mr. Verma of touching her inappropriately. Simultaneously, her companion, who was nearby, began recording the incident on her phone, which seemed suspiciously pre-planned. Mr. Verma, taken aback by the false accusation, suggested they immediately go to the nearest police station to resolve the matter, but the women declined. A few days later, a manipulated and selectively edited video of the incident surfaced on social media, portraying Mr. Verma negatively. Subsequently, four days after the alleged incident, Ms. Sharma filed a police complaint against him.

Advice in such cases

• Stay calm and do not engage in a verbal or physical altercation with the accuser. This could escalate the situation and be used against you.
• If possible, immediately note down the contact details of co-passengers who may have witnessed the event and can testify to your innocence.
• Preserve any evidence you may have, such as your bus ticket, which can help establish your presence and the timeline.
• Do not make any public statements or social media posts about the incident. Let your lawyer handle all communication.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Applicable Sections of Law

In such cases, several sections of Indian law may be relevant, primarily under the new Bharatiya Nyaya Sanhita (BNS), 2023.

• Section 73 of BNS, 2023 (Sexual harassment): This section deals with unwelcome physical contact, advances, or demanding sexual favours. A false accusation would be defended under this section.
• Section 74 of BNS, 2023 (Assault or use of criminal force to woman with intent to outrage her modesty): This is a more serious charge that the accuser might levy.
• Section 356 of BNS, 2023 (Defamation): If you are falsely accused and a defamatory video is circulated, you can file a counter-case for defamation against the accusers.
• Information Technology Act, 2000: Provisions of this Act can be invoked against the circulation of the edited video online, especially if it is obscene or defamatory.

If you are the complainant

If you find yourself in the position of being falsely accused, like Mr. Verma, here are the steps to consider:

• Gather Exculpatory Evidence: Try to obtain CCTV footage from the bus or nearby areas. Statements from co-passengers are crucial. Your own location data from your phone can also serve as corroborative evidence.
• Anticipatory Bail: If you fear an imminent arrest based on the complaint, your lawyer can file for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.
• File a Counter-Complaint: You have the right to file a counter-complaint against the woman and her companion for defamation (Section 356, BNS), making false accusations, and criminal intimidation, if applicable.
• Cooperate with the Investigation: Fully cooperate with the police investigation but do so only with your lawyer’s guidance. Provide your version of events clearly and submit all evidence supporting your innocence.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

If you are the victim

If you are a genuine victim of harassment in a public place:

• Raise an Alarm: Immediately draw the attention of other passengers and the bus conductor or driver.
• Report Immediately: Go to the nearest police station and file a First Information Report (FIR). A delay in reporting can sometimes be questioned by the defense, although it is not a fatal flaw in the case.
• Preserve Evidence: If you or someone else recorded the incident, secure the unedited footage. Note down the bus number, route, and time of the incident.
• Seek Witnesses: Ask co-passengers who witnessed the incident to support your complaint and provide their contact details to the police.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

How the police behave in such cases

The police are mandated by law to register an FIR when a complaint disclosing a cognizable offense, especially against a woman, is made. They will record the statement of the victim and witnesses. In a case like this, where there is a video and a counter-allegation of it being staged, the police will likely investigate the claims from both sides. They will try to recover CCTV footage, identify and question co-passengers, and send the electronic evidence (the video) for forensic analysis to check for tampering or editing. The Investigating Officer will then form an opinion based on the evidence collected and file a final report (chargesheet or closure report) in court.

FAQs people normally have

What evidence is required?

Evidence is key in such cases. This can include:

• Testimonial Evidence: Statements from the victim, the accused, and any eyewitnesses (co-passengers, bus staff).
• Documentary Evidence: Bus tickets, log sheets.
• Electronic Evidence: The video recording of the incident (its authenticity will be examined), CCTV footage from the bus or bus depots, and location data from mobile phones.
• Expert Evidence: A forensic report on the video to determine if it has been edited or manipulated.

How long will the investigation take?

Under the new Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, there is an emphasis on timely investigation. While there is no fixed timeline that can be universally applied, the police are expected to complete the investigation and file a chargesheet within 90 days for serious offenses. However, the duration can vary depending on the complexity of the case, the availability of witnesses, and the time taken for forensic reports. For the accused, the period of uncertainty can be stressful, which is why having a proactive lawyer is essential to ensure the investigation proceeds without undue delay.

Advocate Sudhir Rao, Supreme Court of India