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.

Mr. X joined ABC Finance Company as a trainee after graduation. He worked under Mr. Y, a senior associate, and two analysts Mr. Z and Mr. A. From day one, the analysts displayed hostile behavior towards Mr. X. During a work-from-home day on a public holiday, Mr. X took approved leave but was later harassed by his seniors who made threatening remarks about his career prospects. The situation escalated when Mr. Y started making intimidating comments and creating a hostile work environment. Mr. X felt unsafe but was reluctant to file a formal lawsuit due to career concerns. However, he realized that some action was necessary to protect himself and prevent the situation from worsening further.

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.

Document everything immediately – save emails, messages, and write detailed notes of verbal interactions with dates and witnesses present. Report the matter to your company’s Internal Committee under the Sexual Harassment of Women at Workplace Act or HR department for general harassment cases. Consider filing a complaint with the labor commissioner for workplace violations before the situation escalates further.

Applicable Sections of Law

Under the Bharatiya Nyaya Sanhita (BNS), Section 351 covers criminal intimidation, while Section 352 addresses intentional insult. Section 78 deals with criminal conspiracy if multiple colleagues are involved. The Bharatiya Nagarik Suraksha Sanhita (BNSS) provides procedures for filing complaints under Section 173 for cognizable offenses. Additionally, the Industrial Disputes Act and Sexual Harassment of Women at Workplace Act provide civil remedies without requiring criminal prosecution.

If You Are the Complainant

File a written complaint with your company’s Internal Committee or HR department immediately. Maintain detailed records of all incidents including dates, times, witnesses, and exact words used. Request written responses to all your complaints to create an official trail. Approach the labor commissioner if internal mechanisms fail to address your concerns. Consider sending a legal notice through an advocate to put the harassers on notice without filing a criminal case immediately.

If You Are the Victim

Prioritize your safety and mental health above career concerns – no job is worth harassment. Inform trusted family members or friends about the situation for emotional support. Start looking for alternative employment opportunities to reduce dependency on current workplace. Keep emergency contacts readily available and avoid being alone with the harassers. Document any physical symptoms of stress or anxiety that may require medical attention as evidence of the harassment’s impact on your health.

How the Police Behave in Such Cases

Police typically treat workplace harassment complaints seriously, especially when there are documented threats. They may initially suggest mediation or internal resolution before registering an FIR. Officers often advise maintaining evidence and witness statements. In cases involving criminal intimidation, police are required to investigate promptly. However, they may recommend civil remedies first if the harassment hasn’t crossed into clearly criminal territory.

FAQs People Normally Have

Can I take action without filing a criminal case? Yes, you can approach company grievance mechanisms, labor authorities, or send legal notices. Will this affect my career prospects? Proper legal action actually protects your career rights and prevents future harassment. What if my company doesn’t have proper harassment policies? You can still approach external authorities like labor commissioners. How long does internal resolution take? Company policies typically require resolution within 30-90 days of complaint filing.

What Evidence Is Required?

• Email communications and text messages from harassers
• Written records of verbal harassment with dates and witnesses
• Company attendance records showing your presence during incidents
• Witness statements from colleagues who observed the harassment
• Medical records if harassment caused health issues
• Screenshots of any social media harassment or defamation
• Audio recordings where legally permissible

How Long Will the Investigation Take?

Internal company investigations typically take 30-90 days depending on complexity. Police investigations for criminal intimidation cases usually take 2-6 months. Labor department proceedings may take 3-12 months. Court proceedings, if necessary, can extend from 1-3 years. However, interim relief and protective orders can be obtained within weeks of filing appropriate applications.

Advocate Sudhir Rao, Supreme Court of India