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: Workplace harassment that involves verbal abuse, public humiliation, and a pattern of hostility can trigger criminal complaints under the Bharatiya Nyaya Sanhita (BNS), civil suits for damages, and employment-based proceedings. The key is to document everything, file an internal complaint, and if that fails, send a legal notice through a specialist advocate. Prompt action often forces the employer to take disciplinary steps and protect your dignity.
Ramesh Iyer spent almost thirty years as a civil works supervisor at Shree Technologies Pvt. Ltd. in Pune. His performance records were spotless. The founders trusted him with high-value projects. But none of that mattered to Vikram Malhotra, a senior manager related to the institution’s founding family. Vikram had a habit of singling out Ramesh for public dressing-downs and derogatory comments—behaviour that first surfaced years ago, then quietened, only to return with fresh venom. The hostility wasn’t new to the family. Ramesh’s wife Sunita had worked in the administrative department and faced similar disrespect. She’d filed a formal complaint with the HOD back then. Some superficial action was taken, yet the conduct never truly stopped. She stopped going to the office entirely—never formally resigned, but the salary stopped too. The institution simply moved on, leaving her grievance unaddressed. Then came the official trip to Mumbai on 12 April 2025. During that assignment, Vikram unleashed a torrent of verbal abuse. That evening, Ramesh took a video call from his son, living abroad, and broke down completely. The son had never seen his father so shattered. He was flying back to India in three weeks, determined to act. The family had already tried internal redressal—it got them nowhere. So they approached the Chamber of Advocate Sudhir Rao, Supreme Court of India. Advocate Sudhir Rao and his office issued a legal notice squarely citing criminal intimidation under Section 351 BNS and intentional insult under Section 355 BNS. They demanded an independent inquiry and compensation. Within ten days, the company constituted a disciplinary committee, suspended Vikram, and brokered a settlement that included a written apology and a transfer to a different unit. Ramesh stayed on, his standing at work stronger than ever. Advocate Sudhir Rao’s domain expertise cut through the delay and confusion that had plagued the family’s earlier efforts.Key Facts of the Case
- Ramesh Iyer was a long‑standing employee (≈30 years) at a private Pune firm, with an unblemished service record.
- Vikram Malhotra, related to the founders, repeatedly insulted and humiliated Ramesh in front of colleagues and during official travel.
- Ramesh’s wife Sunita had faced similar harassment earlier; she filed an internal complaint but later stopped working after no real remedy — she never formally resigned, and salary ceased.
- The most recent incident (12 April 2025) involved severe verbal abuse during a work trip to Mumbai, causing acute emotional distress.
- Earlier internal complaints had failed to produce lasting change; the institution’s senior leadership was reportedly unaware of the continuing behaviour.
- After legal notice from the office of Advocate Sudhir Rao citing BNS provisions, the employer swiftly set up an inquiry, suspended the harasser, and resolved the matter with a formal apology and role modification.
The Direct Legal Answer
The core question is: what legal remedies exist against repeated workplace harassment that isn’t necessarily sexual in nature but involves public insults and hostile behaviour? Indian law offers multiple routes—criminal, civil, and employment‑focused. Let’s break them down.
Can we file a criminal complaint for verbal abuse and humiliation?
Yes. If the conduct includes threats of injury to person, reputation, or property, it constitutes criminal intimidation under Section 351 BNS. Repeated public insults meant to provoke a breach of peace fall under Section 355 BNS. A complaint can be lodged at the police station having jurisdiction over the place of occurrence, leading to an FIR if the officer finds a cognizable offence.
What about my mother who stopped working due to similar harassment?
She can still pursue a separate criminal complaint for the past incidents, provided she acts within the limitation period for filing (generally three years for offences with punishment up to three years). She also has a civil claim for unpaid salary and damages for constructive dismissal — essentially that she was forced out by a hostile environment. A labour court or civil court can order back‑wages and compensation if the evidence supports the claim.
What if founders are unaware of the harassment?
Their ignorance doesn’t shield the institution. An employer carries vicarious liability for the conduct of its managers, especially a founder‑relative who operates from a position of authority. The institution’s internal policies on workplace conduct become crucial. If they fail to act on a complaint, the employer itself can be held responsible under civil law for breach of duty of care.
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.
Do not resign or abandon your post out of frustration. That weakens your legal position. Document every insult—date, time, place, who was present. Preserve call records, messages, and note down what was said verbatim, as soon after the event as possible. Send a formal written complaint to the highest authority in the company—founders, CEO, HR head—stated clearly and kept emotion‑free. A specialist advocate who regularly handles workplace harassment matters will know exactly which criminal sections to invoke, how to draft a notice that gets attention, and what evidence needs to be marshalled. General practitioners often underestimate the procedural and evidentiary nuances that can make or break these cases.
Applicable Sections of Law
In the criminal realm, the Bharatiya Nyaya Sanhita, 2023 provides the relevant provisions. Section 351 punishes criminal intimidation — threatening injury to person, reputation, or property. Section 355 penalises intentional insult with intent to provoke a breach of the peace. Both are cognizable and bailable offences when invoked in this context. For procedural aspects, the Bharatiya Nagarik Suraksha Sanhita, 2023 governs the filing of FIRs under Section 173, private complaints under Section 175, and anticipatory bail under Section 482. On the civil side, the employee may file a suit for damages under the law of torts or, where applicable, approach the labour court under the Industrial Disputes Act, 1947 if the harassment amounts to constructive dismissal or unfair labour practice.
Punishment and Penalties
Under Section 351 BNS, criminal intimidation attracts imprisonment of up to two years, or fine, or both. For subsequent convictions, imprisonment can extend to five years. Section 355 BNS carries imprisonment that may extend to two years, or fine, or both. Both offences are cognizable — meaning the police can register an FIR and investigate without a magistrate’s prior order. They are bailable and compoundable with the permission of the court, which allows for settlement if both parties agree and the court approves.
Jurisdiction — Where to File the Case
The complaint must be lodged at the police station within whose territorial limits the harassing incident occurred. If the verbal abuse took place in Mumbai during the trip, the station in Mumbai has jurisdiction. For incidents at the Pune office, the local Pune police station is the correct forum. In criminal matters, once an FIR is registered, the case proceeds before the jurisdictional Judicial Magistrate First Class. For civil claims relating to employment, the suit can be filed in the civil court of the district where the employer’s office is situated, or where the cause of action (the harm) occurred. Getting jurisdiction right avoids preliminary objections that waste time.
What if Police Refuse to File FIR?
If the station officer refuses to take the complaint, the first step is to send the complaint in writing to the Superintendent of Police under Section 173(4) BNSS. The SP can direct an investigation or register the FIR themselves. If that too fails, you can file a private complaint directly before the Magistrate under Section 175(3) BNSS. The Magistrate, after examining the complainant and the evidence, can order the police to investigate. As a last resort, the High Court’s writ jurisdiction can be invoked, but only after exhausting the earlier remedies.
Rights of the Accused
Even the person accused of harassment enjoys fundamental protections. Article 20(3) of the Constitution ensures that no one can be compelled to be a witness against themselves. Article 22 guarantees the right to legal representation and to be informed of the grounds of arrest. They must be produced before a Magistrate within 24 hours. The accused has the right to a copy of the FIR and to fair treatment during investigation. In bailable offences like these, they can secure bail as a matter of right, which means the police must release them on execution of a personal bond.
Bail Provisions
Since Sections 351 and 355 BNS are bailable, the accused does not need a court order for release—the police can grant bail at the station. If, for some reason, a non‑bailable section is added (like Section 109 for abetment of certain offences), the accused can apply for anticipatory bail under Section 482 BNSS before arrest, or regular bail under Section 480/483 BNSS after arrest. Courts generally impose conditions like not tampering with evidence or not contacting the victim. A sound bail strategy, especially when the accused is a senior employee, often focuses on cooperativeness and lack of flight risk.
Quashing of FIR / Case
The High Court can quash an FIR under its inherent powers in Section 528 BNSS if the complaint, even taken at face value, does not disclose a cognizable offence, or if the proceeding is an abuse of the process of court. In compoundable offences like these, if the parties genuinely settle and the court is satisfied, quashing may be granted. However, workplaces harassment cases involving power imbalances are examined carefully by courts—quashing is not a given just because a settlement is reached; the court will ensure the settlement is voluntary and not a result of further victimisation.
If You Are the Victim
- Do not delay — file an internal complaint and, if it fails, take legal advice immediately.
- Speak to a lawyer before sending any resignation or acknowledging any guilt.
- Preserve digital and physical evidence: call logs, texts, emails, notes made right after the incident.
- Involve a family member or a trusted colleague as a witness when you narrate what happened.
- Do not confront the harasser alone, especially without a recording; it can provoke retaliation.
Documents You Must Keep Ready
- Identity proof (Aadhaar, PAN) and employment ID.
- Previous written complaints (even internal emails) and any replies received.
- Pay slips, appointment letter, and service records to establish employment.
- Witness statements with contact details — colleagues who heard the insults.
- Video call screenshots or recordings that show emotional distress (where legally obtained).
- Travel records, boarding passes, or reimbursement claims that establish the date and place of the incident.
- Any medical records if you consulted a doctor for stress or related health issues.
- Detailed, dated notes describing each incident — the sooner you write, the more credible they are.
What Evidence Is Required?
- Oral testimony of the victim and eyewitnesses — the backbone of any harassment case.
- Contemporaneous written notes: jottings made right after the incident carry weight as res gestae.
- Electronic records: WhatsApp chats, emails, call recordings (ensure they are not fabricated and are properly certified).
- CCTV footage, if available, from the workplace corridor or the Mumbai hotel lobby.
- Medical or psychological reports documenting anxiety, sleep loss, or depression linked to the events.
- Previous complaint copies and any minutes of meeting that show the employer’s awareness.
- Proof of the employer‑employee relationship and the harasser’s position — hierarchy matters in establishing power dynamics.
How the Police Behave in Such Cases
Police stations often view workplace verbal abuse as a private dispute or a civil matter unless they see a clear threat or physical element. They may resist registering an FIR, citing that the allegations are vague. A well‑drafted complaint that explicitly mentions the exact words used, the tone, the context of the power imbalance, and names the sections invoked (351 and 355 BNS) improves the chances of registration. Having a lawyer present during the complaint can also make the process smoother. Be prepared for initial reluctance, and be ready to escalate to senior officers.
Timeline of Legal Process
- FIR & investigation: 0‑60 days — registration, statement recording, collecting evidence, and filing of chargesheet or closure report.
- Cognisance & framing of charge: 30‑90 days — Magistrate examines the chargesheet, issues process, and frames charges if a prima facie case exists.
- Trial: 6‑18 months — prosecution evidence, defence cross‑examination, accused’s statement, defence evidence, final arguments. Cases with only witness testimony are usually faster.
- Judgment: 1‑3 months after conclusion of arguments.
- Appeal: 6‑12 months if either side challenges the order before the Sessions Court.
How Long Will the Investigation Take?
For offences under Sections 351 and 355 BNS, a routine investigation rarely takes more than 60 days. The police will record statements of the victim, witnesses, and the accused, and may collect call detail records or CCTV footage. If the evidence is straightforward, a chargesheet can be filed within 45‑60 days. Delays happen when the accused is influential or evidence is lacking, but a proactive complainant who keeps follow‑up can speed things up.
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?
Yes. Both criminal intimidation (Section 351 BNS) and intentional insult (Section 355 BNS) are compoundable with the permission of the court. That means the parties can reach a settlement—through mediation, a written apology, compensation payment, or a change in job roles—and then jointly move the court to close the case. This often works faster and with less emotional toll than a full trial. Civil claims can be withdrawn under Order 23 CPC if a compromise is recorded. Settlement is particularly advisable when your goal is to continue working at the same institution without bitterness.
Common Mistakes People Make
- Delaying the complaint until memory fades and witnesses become unavailable.
- Resigning in the heat of the moment, which can later be portrayed as voluntary abandonment.
- Not preserving contemporaneous notes or recordings, leaving the case to “he said, she said” without hard evidence.
- Filing a criminal complaint without first putting the employer on notice — a legal notice often resolves the issue without prolonged litigation.
- Discussing the case on social media or with colleagues who may later turn hostile.
- Engaging an advocate who does not regularly handle workplace harassment matters. Such cases hinge on subtle power dynamics and evidentiary strategy; a lawyer without domain focus may mishandle the complaint or miss the right criminal provisions, weakening your position.
FAQs People Normally Have
Is workplace verbal abuse really a criminal offence?
Yes. If it amounts to criminal intimidation (threat to life, reputation, or property) or intentional insult aimed at provoking a breach of peace, it is covered by Sections 351 and 355 BNS. The humiliation must be serious and have a specific intent — casual rudeness doesn’t always make the cut.
Can my mother claim salary for the period she stopped working?
She can, through a civil suit or before a labour court, argue that she was constructively dismissed. She’ll need to show that the hostile behaviour made it impossible for her to continue, and that the employer failed to provide a safe work environment. Unfair labour practice provisions under the Industrial Disputes Act may also apply depending on the institution’s character.
What if the employer refuses to accept the complaint?
Send the complaint through registered post with acknowledgement due, and keep the postal receipt. If they still ignore it, you move to the police and legal notice stage. The employer’s refusal itself becomes evidence of indifference.
Do I need to come back to India to file the case?
As the son, you can file a complaint on his behalf through a power of attorney or simply assist him in engaging a lawyer. The victim must sign the complaint and be available for statements. Your physical presence may not be essential, but it helps coordinate.
Can the harasser counter‑file a false case against my father?
A false counter‑complaint is possible, but it won’t stand if your father’s case is well‑documented. Courts see through afterthought defence tactics. Having a lawyer from the start ensures that any such move is promptly countered with facts.
This article is general legal information, not legal advice. Consult a qualified advocate about your specific situation.
Advocate Sudhir Rao, Supreme Court of India