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

Ms. Priya Kapoor, a freelance strategy consultant, was engaged with a prominent IT firm, “Digital Horizons Ltd.,” in Pune. Her professional relationship with the company took a distressing turn after she lodged a formal grievance against a department head for unprofessional conduct.

Following her complaint, Ms. Kapoor was summoned to a meeting with Mr. Alok Verma, the Head of Human Resources. The meeting, intended to address her concerns, quickly escalated. Mr. Verma’s demeanor became aggressive, making Ms. Kapoor feel unsafe. When she decided to leave the hostile environment, Mr. Verma shouted at her to remain seated.

As she proceeded towards the door, Mr. Verma physically intervened, grabbing her wrist to prevent her from leaving. This act of physical restraint was not only shocking but also illegal. When Ms. Kapoor confronted him about his actions, he reacted with further aggression and intimidation.

Deeply shaken by the incident, Ms. Kapoor asserted that she would not be intimidated, left the room, and submitted her resignation later that day. Now, she is faced with the challenge of seeking justice for the manhandling and recovering her professional dues and experience certificate from the company.

Advice in such cases

• Prioritize Safety: Remove yourself from the threatening situation immediately. Your physical and mental well-being is paramount.
• Document Everything: As soon as you are in a safe place, write down a detailed account of the incident. Note the date, time, location, what was said, what happened, and who was present.
• Preserve Communication: Keep copies of all related emails, messages, and documents, including the initial grievance, the meeting invitation, and your resignation letter.
• Seek Medical Attention: If you have been physically harmed, even if it seems minor like a bruise on the wrist, visit a doctor and get a medical report. This serves as crucial evidence.
• Avoid Public Statements: Refrain from posting about the incident on social media platforms like LinkedIn, especially before consulting a lawyer. Public posts can sometimes be used against you or complicate legal proceedings.
• 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

The actions described may constitute several criminal offences under the Bharatiya Nyaya Sanhita (BNS), 2023:

• Section 144 of BNS (Wrongful Restraint): This applies as the HR Head voluntarily obstructed you from proceeding in a direction you had a right to go.
• Section 146 of BNS (Criminal Force): This is applicable as the HR Head intentionally used force (grabbing your wrist) without your consent to commit an offence or to cause injury, fear, or annoyance.
• Section 147 of BNS (Assault): This applies as the gesture of grabbing your wrist and the aggressive behaviour would have caused a reasonable apprehension that criminal force was about to be used.
• Section 73 of BNS (Assault or criminal force to woman with intent to outrage her modesty): Grabbing a woman’s wrist can, in certain contexts, be interpreted as an act intended to outrage her modesty, making this a serious potential charge.

If you are the complainant

• Gather All Evidence: Compile all documents, emails, medical reports, and your written statement. If possible, identify potential witnesses or the presence of CCTV cameras near the incident location.
• File a Police Complaint: Approach the local police station with a written complaint detailing the entire incident. It is advisable to have your lawyer accompany you.
• Be Specific: Clearly state the sequence of events and request the police to register a First Information Report (FIR) under the relevant sections of the BNS.
• Follow Up: The legal process requires persistence. Your lawyer will guide you on how to follow up on the investigation and subsequent court proceedings.
• 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

• Acknowledge the Trauma: Understand that what you experienced was not your fault. It is normal to feel shocked, angry, or scared. Seek support from trusted friends, family, or a mental health professional.
• Strategic Communication: All further communication with the company should be formal, documented (preferably via email), and ideally vetted by your lawyer.
• Focus on Legal Remedies: Instead of engaging in arguments with the company, channel your energy into the formal legal process for both the criminal complaint and the recovery of your dues.
• Civil Suit for Dues: Since you were a consultant, your dues are recoverable through a civil suit for recovery of money or by invoking arbitration if your consultancy agreement has such a clause.
• 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

Police response can vary. In some cases, they may view a workplace dispute as a non-cognizable or minor issue and might be reluctant to file an FIR, suggesting you settle the matter privately. They might try to mediate between you and the company. However, if the complaint clearly outlines cognizable offences like wrongful restraint or assault, especially against a woman, they are duty-bound to register an FIR. Having a lawyer present can ensure the complaint is taken seriously and registered under the correct legal provisions.

FAQs people normally have

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  What legal action can I take for being manhandled and stopped from leaving?

  
  

  You can file a criminal complaint with the police against the individual for offences such as wrongful restraint (BNS 144), criminal force (BNS 146), assault (BNS 147), and potentially outraging modesty (BNS 73).

  
  
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  As a consultant, how do I recover my pending payments and experience letter?

  
  

  The Labour Commissioner’s office typically deals with “workmen” under the Industrial Disputes Act. As a consultant, your relationship is usually contractual. You would need to file a civil suit for recovery of dues. A legal notice sent by your lawyer is often the first step and can be very effective. The experience letter can also be claimed as part of this civil action.

  
  
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  Is it safe to post about this on LinkedIn or other social media?

  
  

  It is strongly advised not to. Publicly discussing an ongoing or potential legal matter can be detrimental. The company could accuse you of defamation, and your posts could be used to weaken your case in court. Stick to the legal channels.

  
  
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  Should I approach the police or a civil court first?

  
  

  These are two separate issues that can be pursued simultaneously. You should approach the police immediately for the criminal act of manhandling and assault. Concurrently, you can initiate civil proceedings through a lawyer for the recovery of your dues and experience letter.

  
  

What evidence is required?

• Your detailed written statement of the incident.
• Any email or message correspondence related to the grievance, the meeting invitation, and your resignation.
• CCTV footage from the office premises, if available. Your lawyer can help file an application to preserve and obtain this.
• Contact details of any potential witnesses who may have seen you before or after the meeting.
• A medico-legal certificate (MLC) if you sought medical attention for any physical injuries, like marks on your wrist.

How long will the investigation take?

Under the new Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, there are timelines for investigations. For most cases, the police are expected to complete their investigation and file a final report (chargesheet) within 90 days. However, practical delays can occur due to evidence collection, locating witnesses, and procedural requirements. A diligent follow-up by your lawyer can help expedite the process.

Advocate Sudhir Rao, Supreme Court of India