Sexual Harassment by Landlord: Your Legal Rights and How to File a Complaint

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: You don't need video proof to take legal action. In India, a woman’s detailed and consistent statement about sexual harassment is evidence itself. Criminal complaints can be filed under BNS Sections 74 and 75, and even if police refuse, a magistrate can order an FIR. Specialised legal handling often makes the difference when evidence seems thin.

Kavya Joshi, a young marketing professional, rented a flat in Lucknow’s Gomti Nagar in early 2024. Her landlord, Ravindra Shekhar, a senior official in the state tax department, began dropping by unannounced on flimsy pretexts. One evening in mid-February 2025, he entered the flat to “check the water pressure” and tried to force himself on her. Kavya’s friend Ananya, who happened to arrive, startled him and he left abruptly. Shaken, Kavya decided to vacate. But before she could move out, Shekhar called her saying the air-conditioner needed repair and he didn’t want any neighbours to gossip. He insisted they talk in his car. Once she was inside, he kept driving and pulled up at a shady guesthouse on the city’s outskirts. Kavya refused to get out, creating a scene, and eventually he drove her back. She went straight to the local police station but the complaint was shrugged off — a “bureaucrat’s word against a tenant’s,” they said. Desperate, she approached the Chamber of Advocate Sudhir Rao. His office immediately saw through the procedural apathy. Instead of merely chasing the police, Advocate Sudhir Rao and his office filed a private complaint under Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita directly before the magistrate, arguing that Kavya’s detailed statement and the guesthouse’s CCTV footage of the car entering the premises constituted sufficient ground to order an investigation. The magistrate directed the station house officer to register an FIR. The accused was booked under Sections 74 and 75 BNS, arrested, and a chargesheet was filed within weeks. The case is now in trial, and Kavya is safe.

Key Facts of the Case

• Kavya Joshi, a single woman, lived alone in a rented flat in Lucknow.
• Landlord Ravindra Shekhar, a senior tax department official, attempted sexual assault inside her own home.
• No recording devices were running. No video or audio proof existed.
• Shekhar later tricked her into his car and drove to a secluded lodge, but she refused to get out.
• Local police were reluctant because the accused held a senior bureaucratic position.
• The client approached the Chamber of Advocate Sudhir Rao after initial complaints fell flat.
• A private complaint under Section 175(3) BNSS before the magistrate forced an FIR.
• The matter now proceeds before the trial court under BNS sexual harassment provisions.

The Direct Legal Answer

Can you act without any proof? Yes. The law does not demand a video clip to believe a survivor. Your sworn testimony is primary evidence under the Bharatiya Sakshya Adhiniyam. The Supreme Court has repeatedly held that in sexual offences, conviction can rest solely on a victim’s credible statement if it inspires confidence. Here, Kavya had no secret recording. But the sequence of events, the call logs, and the guesthouse entry footage — even if she never stepped out — all became circumstantial corroboration. And her consistent, vivid narration before the magistrate carried weight.

So don’t wait for a smoking gun. The narrative you carry is already powerful. The law recognises that sexual harassment happens behind closed doors. That’s exactly why courts give heavy weight to survivor testimony.

Advice in Such Cases

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 to 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.

Don’t confront the landlord directly after an incident. Any warning might give him time to fabricate a defence or intimidate you. Instead, secure a safe place first. Move out if possible, even temporarily.

Record a contemporaneous written note or voice memo for yourself — not necessarily for court, but to cement your own recall. Days later, details blur. A dated note taken immediately after helps you stay consistent under cross-examination.

This type of case lives on procedural finesse. Filing under the correct BNS section, knowing when to approach a magistrate if police drag their feet, and handling the accused’s anticipatory bail application — these are technical moves. A lawyer who doesn’t regularly handle sexual offences may not be familiar with the tight evidentiary windows or the magistrate’s power under Section 175(3) BNSS.

Applicable Sections of Law

For the facts involving attempted forced physical contact and the lodge incident, the primary criminal sections under the Bharatiya Nyaya Sanhita, 2023 are:

• Section 74 BNS – Assault or use of criminal force to a woman with intent to outrage her modesty. This covers the physical attempt inside the flat.
• Section 75 BNS – Sexual harassment, which includes unwelcome and explicit sexual advances or demands for sexual favours. The car incident and repeated advances fall squarely here.
• Section 77 BNS – Stalking, if the landlord persistently followed or contacted her despite clear disinterest.
• Section 175(3) BNSS – Power of a magistrate to direct police investigation when a complaint is made and police have not registered an FIR.

Punishment and Penalties

An offence under Section 74 BNS carries imprisonment that shall not be less than one year and may extend to five years, plus fine. Section 75 BNS is punishable with imprisonment up to three years, or fine, or both. Both are cognizable — meaning police can arrest without a warrant — and bailable. But here’s the nuance: the moment Section 74 is invoked, the one-year minimum sentence sends a clear deterrent signal. Neither offence is compoundable; once the state machinery moves, the complainant alone cannot withdraw the case by mutual settlement.

Jurisdiction — Where to File the Case

The First Information Report must be lodged at the police station having territorial jurisdiction over the place where the offence occurred. If the flat is in Gomti Nagar, Lucknow, that’s the correct station. For the lodge incident, a separate FIR or a supplementary statement can be made at the station covering that location. The trial will be conducted by a Judicial Magistrate First Class. For anticipatory bail or quash petitions, the jurisdictional High Court — here, the Allahabad High Court, Lucknow Bench — becomes relevant. Filing in the wrong jurisdiction can delay everything and give the accused a technical ground to stall.

What if Police Refuse to File FIR?

This is where many women feel stranded. But the law provides hard stops. When the station house officer sits on a complaint involving a senior officer, take these steps:

• Send a written complaint by registered post to the Superintendent of Police, narrating the refusal and requesting registration of FIR under Section 173(4) BNSS.
• If the SP too does nothing, file a private complaint before the jurisdictional magistrate under Section 175(3) BNSS. The magistrate can take cognizance and direct the police to register an FIR.
• As a last resort, one can invoke the High Court’s writ jurisdiction under Article 226 of the Constitution, though this is slow.

In Kavya’s situation, the private complaint route worked within ten days.

Rights of the Accused

Even when an accused is a powerful official, constitutional protections apply equally. A balanced trial requires this. Key rights include:

• Right against self-incrimination under Article 20(3) — no one can be forced to be a witness against themselves.
• Right to legal representation under Article 22 and Section 46 of BNSS — an advocate must be permitted to be present during custodial interrogation.
• Right to be produced before a magistrate within 24 hours of arrest.
• Right to receive a copy of the FIR and know the grounds of arrest.
• Presumption of innocence until guilt is proved beyond reasonable doubt.

Bail Provisions

Because Sections 74 and 75 BNS are bailable, the accused is entitled to bail as a matter of right upon arrest. However, if the police register additional sections carrying longer imprisonment — say, Section 72 BNS in an unusual charge — bail becomes non-bailable. The smart move for a complainant is to ensure the FIR captures the most appropriate sections from the start. By invoking Section 74 BNS with its minimum one-year term, the prosecution signals seriousness. Anticipatory bail under Section 482 BNSS can be sought by the accused before arrest; the complainant’s lawyer should be ready to oppose it by highlighting the gravity and the risk of witness tampering.

Quashing of FIR / Case

Under Section 528 BNSS, the High Court can quash an FIR if the allegations, even taken at face value, do not disclose a prima facie offence. Here, the accused may argue that no physical injury existed and no third party witnessed the incident. But courts have consistently held that in sexual harassment cases, the absence of injury or independent witness does not extinguish the complainant’s account. As long as the FIR narrates a specific overt act — the forced entry, the drive to the lodge — quash petitions typically fail at this preliminary stage. In Kavya’s case, the High Court refused to intervene.

If You Are the Victim

• Prioritise your physical safety. Move to a trusted friend’s place or a safe location immediately.
• Do not wash the clothes you wore during the incident — fabric can carry trace evidence if needed later.
• Write down every detail you remember, including dates, times, and the exact words spoken.
• Inform a close friend or family member. Having a witness to your early disclosure can be significant.
• Approach a lawyer first before going to the police. She can help you word the complaint for maximum legal protection.

Documents You Must Keep Ready

• Aadhaar card and PAN card for identity.
• Rent agreement or any proof of tenancy.
• Records of calls, WhatsApp messages, or emails from the landlord.
• Screenshots of any social media or UPI interactions.
• Medical report if there was any physical contact, even superficial.
• Written narrative of the incident signed and dated by you.
• Contact details of the friend who interrupted the first incident.
• Details of the guesthouse or lodge location, if applicable.

What Evidence Is Required?

• Your statement under Section 180 BNSS (earlier 164 CrPC) — this is substantive evidence.
• Testimony of the friend who was present at the flat.
• CCTV footage from the lodge entrance or parking showing the vehicle and the time.
• Call detail records (CDR) showing repeated calls from his number.
• Location data from your phone that corroborates the movement to the lodge.
• Any digital communication where he tried to downplay or explain the incident — that becomes an admission.
• Corroborative evidence of immediate distress — neighbours or colleagues who noticed a change in your behaviour.

How the Police Behave in Such Cases

When the accused holds a senior bureaucratic post, the first response at the police station is often cooling the complainant down rather than registering the FIR. Officers may cite lack of evidence, suggest compromise, or ask you to “come back later.” That’s why having a complaint already drafted in proper legal language by an advocate, and being accompanied by someone who can assert the magistrate route if needed, changes the dynamic entirely. Once a magistrate’s order lands on their desk, the same police station moves with sudden urgency.

Timeline of Legal Process

• Filing of complaint / private complaint: Day 1 to Week 2. If police refuse, magistrate order may take 7–10 days more.
• Registration of FIR: Immediately upon magistrate direction or within 24 hours once police accept the complaint.
• Investigation and evidence collection: 60–90 days, extendable with reasons. Statement recording, CCTV retrieval, CDR analysis happen here.
• Arrest and bail: Arrest usually within the first week after FIR. Bail hearing within a day or two.
• Filing of chargesheet: Ideally within 90 days from FIR for bailable offences.
• Cognizance and framing of charges: 1–2 months thereafter.
• Trial, examination, and judgment: 6 months to 2 years depending on court backlog and witness cooperation.
• Appeal, if any: Another 1–3 years in the sessions court or High Court.

How Long Will the Investigation Take?

For bailable sexual harassment offences, investigation tends to wrap up within sixty to ninety days. The police must file a chargesheet within that period; otherwise, the accused becomes entitled to default bail. In practice, the moment a magistrate’s order exists, investigation moves faster because the police know their progress is being monitored judicially.

Understanding the Costs

The total cost of a matter like this varies significantly from one case to the next — it depends on the complexity of the dispute, the forum involved, the number of hearings, and the specific facts of your situation. There is no single fixed figure that applies to everyone.

A professional advocate can give you an accurate estimate only after reviewing all your facts and documents in a consultation.

Can the Matter Be Settled Out of Court?

Settlement in sexual harassment cases is tricky because Sections 74 and 75 BNS are non-compoundable — meaning the offence cannot be simply “withdrawn” by mutual agreement. However, a compromised understanding can sometimes form the basis for a quash petition if the High Court is convinced that the dispute is private and continuing prosecution serves no purpose. That is a heavy lift. Mediation may happen behind the scenes, but it does not automatically kill the FIR. The safer course is to let the legal process advance; any settlement can still be informed to the court at the time of trial, which may impact sentence but rarely extinguishes the case entirely.

Common Mistakes People Make

• Delaying the complaint — faded memories and stale evidence hurt credibility.
• Confronting the landlord directly or sending angry messages. That can be twisted into a counter-narrative of “consensual spat.”
• Destroying clothes or washing the apartment. Minute evidence vanishes.
• Posting about the incident on social media before filing the FIR. The accused’s lawyer will use every online post to claim premeditated framing.
• Attempting a settlement without an advocate. Words spoken during negotiation often become “admissions” in the FIR.
• Engaging a lawyer who does not regularly handle sexual offence cases. Domain inexperience shows up in weak charge sheets, missed opportunity to seek CCTV preservation orders, and poor resistance at bail stage — all of which can weaken the case permanently.

FAQs People Normally Have

Do I need video proof to file a complaint?
No. Your statement alone can be enough. The law does not rank survivors by their recording skills.

What if the police laugh at me because he’s a bureaucrat?
That’s exactly when you skip the station diary and go straight to the SP or the magistrate’s court. The process is built for precisely this scenario.

Will everyone find out?
Court proceedings are generally open, but you can request in-camera trial and a gag on media reporting under Section 346 BNSS. It’s not automatic though.

Can he get bail immediately?
Yes, these are bailable sections. But the arrest itself, and the bail conditions not to contact you, give critical breathing space.

Will I have to confront him in court?
Cross-examination happens. But recording your statement under Section 180 BNSS early preserves your narrative. And the presence of a support person helps.

This article is general legal information, not legal advice. Consult a qualified advocate about your specific situation.

Advocate Sudhir Rao, Supreme Court of India

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.