A distressing incident recently came to light in the city of Navipur, where Ms. Sunita Sharma was allegedly subjected to public harassment by members of a local organization, the “Jagriti Manch.” The incident, which took place on the 15th of last month near the central market, involved several individuals making offensive gestures and lewd comments towards Ms. Sharma. What made the situation more alarming was the alleged inaction of two police constables, Mr. Alok Singh and Mr. Brijesh Kumar, who were present at the scene but reportedly failed to intervene or take any action against the perpetrators. This event raises serious questions about the safety of women in public spaces and the accountability of law enforcement officers who fail to perform their duties.

Advice in such cases

If you find yourself in a similar situation, it is crucial to act promptly and strategically to ensure your safety and seek justice.

• Prioritise your safety. If possible, move to a crowded or well-lit area and call for help.
• Note down as many details as you can remember, including the time, date, location, a description of the individuals involved, and any witnesses.
• If there were police officers who failed to act, try to note their names, badge numbers, or any identifying details of their vehicle.
• Gather any evidence you can, such as photos or videos from your phone or CCTV footage from nearby shops.
• 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

Under the new Indian legal framework, several provisions can be invoked in such cases:

• Section 73 of the Bharatiya Nyaya Sanhita (BNS), 2023: This section deals with sexual harassment, which includes making sexually coloured remarks.
• Section 71 of the BNS, 2023: This pertains to assault or the use of criminal force against a woman with the intent to outrage her modesty.
• Section 79 of the BNS, 2023: This section punishes any word, gesture, or act intended to insult the modesty of a woman.
• Section 200 of the BNS, 2023: This is a critical section for holding police accountable. It addresses public servants who knowingly disobey any direction of the law with the intent to cause injury to any person. This can be applied to officers who fail to register an FIR or act on a complaint.
• Section 173 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023: This section mandates the police to register a First Information Report (FIR) upon receiving information about a cognizable offence.

If you are the complainant

As a complainant, you are the one who initiates the legal process. Your role is crucial in bringing the matter to the attention of the authorities.

• Go to the nearest police station to file an FIR. You have the right to a free copy of the FIR.
• Provide a detailed, chronological account of the incident. Be clear and specific about the actions of the harassers and the inaction of the police.
• If the police refuse to file an FIR, you can send a written complaint detailing the incident to the Superintendent of Police (SP) or another senior officer by registered post, as per Section 175(3) of the BNSS.
• If no action is taken even after approaching the SP, you can file a private complaint before the Magistrate.
• 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

As the victim, your well-being and testimony are central to the case. The law provides specific protections for you.

• Your statement is a powerful piece of evidence. Recount the events exactly as they happened.
• Under the law, the statement of a victim of sexual harassment should ideally be recorded by a female police officer.
• You can request privacy while giving your statement and should not be intimidated by the accused or the police.
• Preserve any physical or digital evidence you may have, such as torn clothes, screenshots of messages, or video recordings.
• 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. While many officers are diligent and supportive, some may be dismissive, attempt to downplay the incident, or even blame the victim. In cases involving influential groups, there might be external pressure on the police. If you face resistance, it is important to know your rights. You have the right to insist on filing an FIR. If the local police are uncooperative, escalating the matter to senior officers like the Deputy Commissioner of Police (DCP) or the Superintendent of Police (SP) is the correct procedure. A formal complaint against the delinquent officers can also be filed with the police complaints authority or a Magistrate.

FAQs people normally have

What if the police refuse to file my FIR for harassment?
If the police refuse, you can send a written complaint to the Superintendent of Police (SP) via registered post. If the SP also fails to take action, you can file a complaint directly with the jurisdictional Magistrate, who can order the police to register an FIR and investigate.

Can I file a case against the police officers who did nothing?
Yes. You can file a complaint against the officers for dereliction of duty under Section 200 of the BNS. This can be done by approaching their senior officers or by filing a private complaint in court.

What if I don’t know the names of the harassers?
You can still file an FIR against “unknown persons.” Provide as detailed a description as possible of the individuals, their attire, vehicles, or any other identifying features. The police are obligated to investigate based on this information.

What evidence is required?

Strong evidence is key to securing a conviction. This can include:

• Digital Evidence: Videos or photos of the incident, call recordings, or social media posts.
• Testimonial Evidence: Statements from eyewitnesses who saw the harassment occur.
• Circumstantial Evidence: Your own detailed and consistent testimony about the sequence of events.
• Official Records: A copy of the FIR and any communication with the police.

How long will the investigation take?

The duration of a police investigation can vary significantly. The BNSS aims for timely investigations, but factors like the complexity of the case, the availability of evidence, and the cooperation of witnesses can affect the timeline. For offences against women, the law often prescribes a faster investigation period, typically aiming for completion within two to three months, but delays are common. Regular follow-ups with the investigating officer and your lawyer can help expedite the process.

Advocate Sudhir Rao, Supreme Court of India