If you are stuck in such a situation, here is what to do.
Mr. Rohan, a 24-year-old resident of the city of Anandpur, found himself in a deeply distressing situation. Following a challenging period where he was dealing with significant mental health issues, his life took an unfortunate turn. Certain close relatives and acquaintances began to misinterpret his vulnerability as weakness. They started engaging in inappropriate and unwelcome physical contact, frequently touching his back and chest without consent. On other occasions, they would deliberately make physical contact in a manner that was clearly intended to assert dominance and cause discomfort. This repeated violation of his personal space and dignity worsened his mental state, leaving him feeling powerless, isolated, and questioning his basic right to live without fear and harassment. He felt trapped, unsure of how to seek help or what legal recourse was available to him against those who were supposed to be his support system.
Advice in such cases
Document Everything: Keep a detailed, private journal of every incident. Note the date, time, location, what happened, who was involved, and if there were any witnesses. This record can be crucial later.
Create Distance: If possible, limit or completely avoid contact with the individuals who are harassing you. Your safety and mental well-being are the top priority.
Build a Support System: Confide in a trusted friend, family member, or mental health professional who is not involved in the situation. Having emotional support is vital.
Preserve Digital Evidence: If any harassment occurs via text messages, social media, or email, do not delete them. Take screenshots and back them up securely.
Consult with Lawyer: 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 fall under specific provisions of the new Indian penal laws. The primary law applicable here is the Bharatiya Nyaya Sanhita (BNS), 2023.
Section 73 of the Bharatiya Nyaya Sanhita (BNS), 2023: This section addresses the offence of assault or use of criminal force with the intent to outrage the modesty of a person. The acts of unwanted touching on the chest or back clearly fall within the ambit of this section. It is a gender-neutral provision, meaning a man can also be a victim of this offence. The punishment can range from imprisonment of one to five years and a fine.
Section 74 of the Bharatiya Nyaya Sanhita (BNS), 2023: This section deals with sexual harassment. If the unwelcome physical contact is accompanied by a demand or request for sexual favours, or the making of sexually coloured remarks, this section could also be invoked.
If you are the complainant
As the person filing the complaint, you are initiating the legal process to seek justice.
Prepare Your Narrative: Before approaching the police or a lawyer, organize your thoughts and the sequence of events. Use your documented notes to create a clear and coherent account of what happened.
File a First Information Report (FIR): Go to the nearest police station to file an FIR. The police are legally obligated to register an FIR for such cognizable offences. You can narrate the incident to the officer, who will write it down. Read the report carefully before signing to ensure it is accurate.
Provide All Evidence: Submit any evidence you have, such as screenshots of messages, contact details of witnesses, or your personal notes, to the police.
Consult with Lawyer: 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 primary focus should be on your safety, well-being, and gathering the necessary support to navigate the process.
Prioritize Your Mental Health: Experiencing such trauma can be debilitating. Seek professional help from a therapist or counsellor to process your emotions and build coping mechanisms.
Do Not Blame Yourself: Remember that you are not responsible for the actions of others. The perpetrators are solely to blame for their criminal behaviour.
Preserve Your Testimony: Your account of the events is the most critical piece of evidence. Try to recall and note down details as accurately as possible while they are still fresh in your mind.
Consult with Lawyer: 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
The police are trained to handle cases of molestation and sexual harassment with a degree of sensitivity. Under the new Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, procedures are streamlined.
Registration of FIR: The police are mandated to register an FIR upon receiving information about a cognizable offence. In cases of delay, they must record the reasons for it. For offences against women, the statement is preferably recorded by a woman police officer.
Investigation: Once the FIR is registered, an Investigating Officer (IO) will be assigned to the case. The IO will record your detailed statement (known as a statement under Section 180 of BNSS), collect evidence, and question the accused and witnesses.
Victim’s Rights: You have the right to receive a free copy of the FIR. You also have the right to be kept informed about the progress of the investigation.
Professionalism: While experiences can vary, the official protocol requires police to be professional, respectful, and supportive. If you face any insensitivity or refusal to register an FIR, you can approach senior police officers like the Superintendent of Police (SP) or a Magistrate.
FAQs people normally have
What evidence is required?
While the victim’s testimony is paramount, the following can strengthen the case:
Your Detailed Testimony: A consistent and clear account of the incidents.
Witness Testimony: Statements from anyone who saw the incidents or to whom you confided immediately after.
Digital Evidence: Any incriminating text messages, emails, call logs, photos, or recordings.
Circumstantial Evidence: Evidence of your distress, such as records from a therapist, or proof that you tried to avoid the accused after the incidents.
Medical Evidence: While not always present in molestation cases, if there are any injuries, a medical examination can be useful.
How long will the investigation take?
The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 aims for swifter justice. For offences against women, the investigation is mandated to be completed within two months from the date the FIR was registered. However, the actual timeline can vary depending on the complexity of the case, the number of witnesses, the availability of evidence, and the workload of the police and the courts. A good lawyer can help in filing applications to expedite the process if there are undue delays.
Advocate Sudhir Rao, Supreme Court of India