If you are stuck in such a situation, here is what to do.

In a concerning incident from the city of Alipur, a young man named Rohan expressed deep anxiety over the safety of his 16-year-old sister, Anjali. For a couple of days, an unidentified man, appearing to be in his mid-20s, has been approaching Anjali near her school, the “Navodaya Shikshan Sansthan.” The man persistently offers her a ride home on his motorcycle. On the first day, Anjali politely refused. The next day, she firmly told him to leave her alone. The man left without a word, but the repeated encounters have left Rohan extremely worried.

The situation is aggravated by the fact that the area around the school is quite isolated, especially during the afternoon when Anjali walks home by herself. While his mother and Anjali seem to be downplaying the seriousness of the events, Rohan’s concern for his sister’s well-being has grown. He has decided to start picking her up from school but is seeking legal guidance on further steps to ensure her absolute safety.

Advice in such cases

• Document Everything: Immediately write down all details, including the dates, times, and specific locations of the incidents. Record a detailed description of the individual (height, build, clothing, any distinguishing features) and his motorcycle (color, make, and registration number, if possible).
• Inform School Authorities: The school has a duty of care towards its students. Inform the principal or relevant administrative staff about the incidents. They may be able to check CCTV footage or alert their security personnel.
• Change the Routine: As Rohan has decided, ensuring his sister is not alone is crucial. Picking her up, arranging for her to travel with a group of friends, or changing the route she takes home can act as an immediate deterrent.
• File a Police Complaint: Do not hesitate to report the matter to the police. Such behavior is a cognizable offense, and the police are obligated to take action.
• 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

This situation falls under the purview of serious offenses, especially since a minor is involved. The relevant laws are the Bharatiya Nyaya Sanhita (BNS), 2023, and the Protection of Children from Sexual Offences (POCSO) Act, 2012.

• Section 77 of the Bharatiya Nyaya Sanhita, 2023 (Stalking): This section criminalizes the act of following a woman or attempting to contact her to foster personal interaction repeatedly, despite a clear indication of disinterest from her. The man’s repeated approaches, even after being rebuffed, clearly constitute stalking.
• The Protection of Children from Sexual Offences (POCSO) Act, 2012: Since the victim is a minor (under 18), this special law is automatically applicable. Section 11 of the POCSO Act deals with sexual harassment of a child, which includes making sexual advances or gestures. Stalking a child with sexual intent is a grave offense under this Act. The procedures under POCSO are child-friendly and place a higher degree of responsibility on law enforcement to protect the child.

If you are the complainant

If you are the brother, parent, or guardian in this situation, here is how you should proceed:

• Prepare a Complaint: Draft a detailed written complaint mentioning all the facts, descriptions, and sequence of events.
• Approach the Police: Go to the police station that has jurisdiction over the area where the incidents occurred. You can file a “Zero FIR” at any police station if you are unsure of the jurisdiction.
• Insist on an FIR: Request the police to register a First Information Report (FIR) under the relevant sections of the BNS and the POCSO Act. Refusal to file an FIR in such cases is illegal.
• Retain a Copy: Always take a stamped receiving copy of your complaint and a free copy of the FIR once it is registered.
• 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

If you are the young girl being subjected to this harassment:

• Do Not Engage: Do not talk to or engage with the perpetrator. Your safety is the priority.
• Seek a Safe Place: Immediately move to a crowded area, a nearby shop, or head back to the school premises and inform a teacher or security guard.
• Inform Your Family: Tell your parents or an adult you trust about every single incident without delay. Do not feel that you are overreacting.
• Cooperate with Authorities: If a police complaint is filed, you will need to give a statement. Under the POCSO Act, this must be recorded by a female police officer in a child-friendly environment, preferably at your home or a place of your choice.
• 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

Given the strict nature of the POCSO Act, police are mandated to act swiftly and sensitively. While some officers at a local level might initially dismiss it, citing the POCSO Act will ensure they take it seriously. They are required to register an FIR immediately and begin the investigation. They will likely increase patrolling in the area, examine CCTV footage, and launch efforts to identify and apprehend the suspect based on the description provided.

FAQs people normally have

Q: What if the police refuse to file an FIR?
A: Refusing to register an FIR for a cognizable offense, especially under POCSO, is illegal. You can send a written complaint via registered post to the Superintendent of Police (SP) or a higher-ranking officer. You can also file a private complaint before the Magistrate under Section 221 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.

Q: We don’t have the man’s name or his bike’s number. Can we still file a complaint?
A: Yes. A complaint can be filed against an “unknown person.” Your detailed description of the person and the vehicle is crucial for the police to begin their investigation.

Q: Will my sister have to go to court repeatedly?
A: The POCSO Act has provisions for child-friendly court procedures, including recording testimony via video conferencing and ensuring the child does not face the accused directly, to minimize trauma.

What evidence is required?

The primary evidence is the victim’s testimony. Her statement holds significant weight in the eyes of the law. Other supporting evidence includes:

• Testimony of any eyewitnesses (e.g., friends, shopkeepers).
• CCTV footage from the school, nearby buildings, or traffic cameras.
• A detailed description of the accused and his vehicle.
• Records of the complaint made to the school authorities.

How long will the investigation take?

Under the POCSO Act and the new BNSS, investigations in cases involving children are meant to be fast-tracked. The police are expected to complete their investigation and file the final report (chargesheet) before the court in an expedited manner, usually within a few months. The subsequent trial is also supposed to be concluded swiftly, ideally within one year from the date of the report being filed.

Advocate Sudhir Rao, Supreme Court of India