One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.
Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.
TL;DR: A false sexual harassment complaint is an allegation, not a finding, and the police cannot make you answer questions without a lawyer present. If arrest looks likely, your advocate moves an anticipatory bail application under Section 482 BNSS before the Sessions Court or the High Court. Do not go to the police station alone, do not sign anything, and do not give a statement on the first visit.
Rohit Mahato had been without a roof for about three weeks, sleeping on a friend's floor, when a constable rang him. A complaint had been registered against him at the police station near the private university in Indore where he was a student. Come in this evening, around six or seven, the constable said. No notice in writing. No copy of the complaint. Rohit is from Jharkhand, has no family within a thousand kilometres of Madhya Pradesh, and no money sitting around for a lawyer.
He had already tried the obvious things. Two emails to the university's administration. A visit to a local lawyer who mostly handled property papers. Neither produced a copy of what he was accused of. That is when he approached the Chamber of Advocate Sudhir Rao.
The first thing the office asked for was the name of the police station and the constable's number. A written representation went in the same evening asking for a copy of the complaint and for any questioning to be held in the presence of counsel. An anticipatory bail application under Section 482 BNSS followed before the Sessions Court. The court granted protection, and the investigation moved on documents rather than on a statement recorded at a station at night. Advocate Sudhir Rao's familiarity with how these complaints are investigated and defended helped secure the order in the client's favour.
Key Facts of the Case
- A complaint was registered against a student at the local police station on a complaint made by the private university where he was enrolled.
- He was called to the station orally, at short notice, with no written notice and no copy of the complaint.
- He was from another state, with no local support network and no funds for representation.
- He maintained that the complaint was a reaction to his own grievance about threats made to his family.
- No FIR copy was supplied at the time of the call.
- The offence invoked was a bailable one under the BNS, but arrest for questioning was still being pressed.
- The Chamber filed a representation for disclosure and an anticipatory bail application under Section
Facing a similar matter? Speak to a criminal lawyer in Delhi — Advocate Sudhir Rao appears in bail, trial and appellate matters before the Delhi District Courts, the Delhi High Court and the Supreme Court of India.