Supreme Court: Under which circumstances, Complaint of sexual harassment becomes time barred?

 Section 9 of the Act postulates that any aggrieved woman may make a complaint, in writing, of sexual harassment at the work place to the Local Committee within a period of three months from the date of incident, and in the case of series of incidents, within a period of three months from the date of the last incident. The second proviso to Section 9 provides that the LCC may for reasons to be recorded in writing, extend the time of making the complaint not exceeding three months, if it is satisfied that the circumstances prevailing prevented the woman from filing of the complaint within the period prescribed.{Para 13}

14. In other words, a complaint of sexual harassment is mandatorily required to be filed within a period of three months from the date of the last incident of such harassment or within a further extended period of three months, i.e., within a maximum period of six months from the date of the last incident of sexual harassment.

15. No doubt, the issue of limitation is ordinarily a mixed question of fact and law and it may not be possible to throw out a complaint at the threshold without collecting material on the factual aspects relating to the limitation. Nonetheless, where a complaint on the simple reading of the averments made therein appears to be patently barred by limitation, it can be rejected at the very first instance on the analogy of Order VII Rule 11 Code of Civil Procedure, without even calling the other side to participate in the proceedings.

23. The last incident of actual sexual harassment took place in April 2023. The subsequent incident of August 2023, whereunder the Appellant was removed as Director of CFRGS, with no financial implications arose out of a complaint received from the Central Government undertaking i.e. NFCG wherein Appellant was specifically named. The said action was taken completely independently on the basis of the complaint of NFCG alleging that the project report was not submitted within time and that the amount sanctioned for the project be refunded. It may be pertinent to note that the MoU was signed by the Appellant with the NFCG and the bank account was also under her control.

24. In view of the above, the incident of removal of Appellant as the Director of CFRGS cannot be attributed as an act of sexual harassment in connection with the previous incidents. It was based upon the report of NFCG, an independent body.

25. The inquiry into the project funds was taken up by the Executive Council and it was a collective decision and not a unilateral action of the Vice-Chancellor. Thus, the said act would also not amount to an act of sexual harassment in conjunction with the previous reported acts.

26. The actions taken against the Appellant in August 2023, are administrative in nature and does not create a gender based hostile environment, and hence, fall short of being actions amounting to acts of sexual harassment.

27. It would be important to refer to the expressions "in relation to" or "connected with" used in Section 3(2) of the Act. The use of the above expression clearly demonstrates that there has to be a direct link between the action complained of and an overt act of sexual harassment. In view of what has been said above, we find no such direct link between the last incident of sexual harassment which happened in April 2023, and those referred to subsequently in August 2023 or December 2023.

29. The alleged act of harassment of April 2023, was a complete act in itself and had not continued thereafter. The administrative measures of August 2023, were independent and were collective decisions of the NFCG and the Executive Council which cannot be solely attributed to the Vice-Chancellor. The said decision may have caused inconvenience to the Appellant or may have given an impression that they are in line with previous acts of harassment, but they were not part of the continued sexual harassment. The subsequent events have no connection to the earlier act of sexual misconduct and as such, fall clearly out of the preview of acts or behaviours amounting to sexual harassment. In this way, the incident of April 2023, remains the last event related to sexual harassment.

32. In view of the aforesaid facts and circumstances as well as the discussion, we are of the view that the Division Bench of the High Court committed no error of law in restoring the decision of the LCC that the complaint of the Appellant is time barred and is liable to be dismissed.

IN THE SUPREME COURT OF INDIA

Civil Appeal No. 11786 of 2025.

Decided On: 12.09.2025

Vaneeta Patnaik Vs. Nirmal Kanti Chakrabarti and Ors.

Hon'ble Judges/Coram:

Pankaj Mithal and P.B. Varale, JJ.

Author: Pankaj Mithal, J.

Citation: 2025 INSC 1106, MANU/SC/1270/2025.

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5 Game-Changing Lessons from the Supreme Court Case That Redefined Workplace Safety in India

 

Introduction: When Two Laws Collide

What happens when a law designed to protect women at the workplace clashes with the strict disciplinary rules for government officers? This question stood at the center of a landmark 2025 Supreme Court case, Dr. Sohail Malik v. Union of India. This pivotal judgment was not just about a dispute between two officers; it was a battleground where two powerful legal frameworks collided, and the outcome has reshaped the landscape of workplace justice in India.

1. The Entire Case Pivoted on a Single Word: 'Where'

The case began when an IAS officer in the Department of Food and Public Distribution filed a sexual harassment complaint with her department's Internal Complaints Committee (ICC) following an incident at her workplace, Krishi Bhavan. The accused, Dr. Sohail Malik, an IRS officer from the Revenue Department, made a powerful legal argument: the complainant's ICC had no jurisdiction over him. He contended that he was governed exclusively by his department's service rules (the CCS CCA Rules, 1965).

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Supreme Court: Mere general allegations of harassment without pointing out the specifics against such persons would not be sufficient to continue criminal proceedings under Section 498A of the IPC.

A bare perusal of the FIR shows that the allegations made by the complainant-respondent No.2 are vague and omnibus. Other than claiming that the husband and his family along with the accused-appellant herein mentally harassed her with a demand of dowry, the complainant-respondent No.2 has not provided any specific details or described any particular instance of harassment.

Although she has alleged that an amount totalling to Rupees One Crore was demanded by the accused-appellant and his family members, the complainant-respondent No.2 has failed to put forth any evidence or material on record to elaborate or substantiate the same. Furthermore, the complainant-respondent No.2 has failed to impress the court as to how the said alleged harassment has caused her any injury, mental or physical. There has been no remote or proximate act or omission attributed to the accused-appellant that implicates him or assigns him any specific role in the said FIR for the offence of 498A of the IPC. Merely stating that the accused-appellant has mentally harassed the complainant-respondent No.2 with respect to a demand of dowry does not fulfil the ingredients of Section 498A of the IPC especially in the face of absence of any cogent material or evidence on record to substantiate the said allegations. The term “cruelty” cannot be established without specific instances. The tendency of invoking these sections, without mentioning any specific details, weakens the case of prosecution and casts serious aspersions on the viability of the version of the complainant. Therefore, this Court cannot ignore the missing specifics in an FIR which is the premise of invoking criminal machinery of the State. In such cases involving allegations of cruelty and harassment, there would normally be a series of offending acts, which would be required to be spelt out by the complainant against perpetrators in specific terms to involve such perpetrators into the criminal proceedings sought to be initiated against them and therefore mere general allegations of harassment without pointing out the specifics against such persons would not be sufficient to continue criminal proceedings. {Para 24}

NON-REPORTABLE

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. OF 2025

(Arising out of Special Leave Petition (Crl.) No. of 2025

arising out of Diary No.47072 of 2023)

BELIDE SWAGATH KUMAR Vs  STATE OF TELANGANA & ANOTHER 

Author: NAGARATHNA, J.

Citation: 2025 INSC 1471.

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Appellate Lessons in Sexual Harassment Bail Jurisprudence: Seven Critical Lacunae Trial Courts Must Address

 Introduction

Workplace sexual harassment cases represent a uniquely challenging intersection of criminal law, power dynamics, and public trust. Bail decisions in such cases not only impact the accused and complainant but also influence broader workplace norms. Recent appellate scrutiny has revealed both strengths and vulnerabilities in bail orders issued by subordinate courts. This article distills appellate lessons and best practices in judicial review of bail refusals in workplace sexual harassment cases under the new BNSS regime.

Why Subordinate Courts Refuse Bail in Workplace Harassment Cases

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LLM Notes: From Vishaka to Legislation: The Evolution of Sexual Harassment Protections in India

 The judgment in Vishaka and Others v. State of Rajasthan (1997) is a landmark Supreme Court of India ruling addressing sexual harassment of women at the workplace. The case arose after Bhanwari Devi, a social worker in Rajasthan who tried to prevent a child marriage, was brutally gang-raped by men from her village. The local courts acquitted the accused due to lack of evidence, and police and medical officials failed to provide adequate support. Aggrieved by this, women's groups including Vishaka filed a Public Interest Litigation (PIL) in the Supreme Court under Article 32 of the Constitution to seek protection for women against workplace sexual harassment.

Key Points of the Judgment

• The Supreme Court recognized sexual harassment at the workplace as a violation of fundamental rights guaranteed under Articles 14 (Right to Equality), 15 (Prohibition of Discrimination), 19(1)(g) (Right to Work), and 21 (Right to Life and Personal Liberty) of the Indian Constitution.

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What are key provisions of Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 and how it is different from Vishaka guidelines?

 Key Provisions of the POSH Act

1. Definition of Sexual Harassment

The POSH Act defines sexual harassment broadly, including unwelcome acts such as:

- Physical contact and advances.

- Demand or request for sexual favors.

- Making sexually colored remarks.

- Showing pornography.

- Any other unwelcome physical, verbal, or non-verbal conduct of a sexual nature.

2. Applicability

The Act applies to:

- All workplaces in India, including public and private sectors.

- Women of any age, whether employed or not, who allege to have been subjected to sexual harassment.

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Important provisions of Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013

[Act 14 of 2013 as amended up to Act 23 of 2016 and updated as of 30th April 2024]

An Act to provide protection against sexual harassment of women at workplace and for the prevention and redressal of complaints of sexual harassment and for matters connected therewith or incidental thereto

Whereas sexual harassment results in violation of the fundamental rights of a woman to equality under Articles 14 and 15 of the Constitution of India and her right to life and to live with dignity under Article 21 of the Constitution and right to practice any profession or to carry on any occupation, trade or business which includes a right to a safe environment free from sexual harassment;

And whereas the protection against sexual harassment and the right to work with dignity are universally recognised human rights by international conventions and instruments such as Convention on the Elimination of all Forms of Discrimination against Women, which has been ratified on the 25th June, 1993 by the Government of India;

And whereas it is expedient to make provisions for giving effect to the said Convention for protection of women against sexual harassment at workplace;

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Delhi High Court denies anticipatory bail to man booked for sexually harassing minor on Instagram

 

 It is settled law that the custodial interrogation is qualitatively more elicitation oriented than questioning a suspect who is well ensconced with a favourable order under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS’) [State v.

Anil Sharma : (1997) 7 SCC 187]. Granting anticipatory bail to

the applicant would undoubtedly impede further investigation.

An order of bail cannot be granted in a routine manner so as to

allow the applicant to use the same as a shield. {Para 15 }

16. This court has perused the case diary and gone through the

statements of the victim, mother of the victim and co-accused -

Sameer. There are materials in the case diary implicating the

applicant in the allegations which the police are investigating.

The allegations against the applicant are of a grave and serious

nature, involving the exploitation and sexual abuse of a minor

girl. The applicant is accused of coercing the victim into

engaging in sexually explicit acts over video calls, recording the

same without her consent, and using these recordings to

blackmail her repeatedly. Such acts not only violate the personal

dignity and privacy of the victim but also constitute serious

offences under the BNS and the POCSO Act.

17. The allegations against the applicant points towards the

exploitation of a child by coercing and blackmailing her for

pornographic purposes. The alleged recording and sharing of

explicit material involving the minor victim is a grave offence.

19. The present case underscores the increasing misuse of

social media and technology to exploit and intimidate vulnerable

individuals, particularly minors. In light of the allegations,

perusal of the statement of the victim and co-accused Sameer,

this Court finds that granting pre-arrest bail would set an

inappropriate precedent and undermine the societal interest in

safeguarding children from such reprehensible acts.

20. The actions of the applicant exemplify the disturbing trend

of exploiting the anonymity and reach of social media platforms

to perpetrate sexual crimes against minors. This Court cannot

ignore the broader societal implications of such acts and the

urgent need to send a strong message against the misuse of

technology.

21. Considering that the present case involves electronic

gadgets and electronic evidence, the task of the Investigating

Agency seems arduous and they need to be given a fair play in

the joints to investigate the matter in the manner they deem

appropriate. The matter requires thorough investigation which

ought not to be curtailed by passing an order granting pre-arrest

bail.

22. The relief of pre-arrest bail is a legal safeguard intended to protect individuals from potential misuse of power of arrest. It plays a crucial tool in preventing harassment and unjust detention of innocent persons. However, the court must carefully balance the individual’s right to liberty with the interests of justice. While the presumption of innocence and the right to liberty are fundamental principles of law, they must be considered in conjunction with the gravity of the offence, its societal impact, and the need for a comprehensive and unobstructed investigation.

23. Considering the material on record, it cannot be held at this stage that the investigation is being carried out with the intention to injure or humiliate the applicant and does not indicate false implication of the applicant. The nature and gravity of allegations are serious. Specific allegations have been made regarding the applicant’s alleged involvement in the commission of the offence.

24. The material presented by the prosecution establishes a prima facie involvement of the applicant. Granting pre-arrest bail to the applicant would undoubtedly impede further investigation.

25. The present application is accordingly dismissed.

 IN THE HIGH COURT OF DELHI AT NEW DELHI

  BAIL APPLN. 4440/2024

SAIFUL KHAN  Vs STATE & ANR. 

CORAM:

HON'BLE MR. JUSTICE AMIT MAHAJAN

AMIT MAHAJAN, J. (Oral).

Date of Decision: 03rd December, 2024

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Delhi HC: Chairperson of Internal complaint committee must be higher in rank from the person against whom complaint of sexual harassment is made

 Hence, there is a greater need to ensure that the ICC is independently constituted and the Inquiry is conducted fairly to both parties. Thus, when allegations are made against senior level officers, this Court is of the opinion, that the same should be inquired into by a Committee appointed not at the level of the Department but someone external and independent. This is more so in the case of a Government establishment where an alternative mechanism can be easily evolved for constitution of the ICC.

 IN THE HIGH COURT OF DELHI

W.P. (C) 3396/2019

Decided On: 04.12.2020

Rashi Vs. Union of India and Ors.

Hon'ble Judges/Coram:

Prathiba M. Singh, J.

Citation: Rashi vs. Union of India and Ors. (04.12.2020 - DELHC) : MANU/DE/2178/2020.

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Supreme Court: Enquiry under POSH Act is to be conducted afresh if there is violation of principle of natural justice

 In fact, the glaring defects and the procedural lapses in the inquiry proceedings took place only thereafter, in the month of May, 2009, when 12 hearings, most of them back-to-back, were conducted by the Committee at a lightning speed. On the one hand, the Committee kept on forwarding to the Appellant, depositions of some more complainants received later on and those of other witnesses and called upon him to furnish his reply and on the other hand, it directed him to come prepared to cross-examine the said complainants and witnesses as also record his further deposition, all in a span of one week. Even if the medical grounds taken by the Appellant seemed suspect, the Committee ought to have given him reasonable time to prepare his defence, more so when his request for being represented through a lawyer had already been declined. It was all this undue anxiety that had led to short-circuiting the inquiry proceedings conducted by the Committee and damaging the very fairness of the process. {Para 73}

74. For the above reasons, the Appellant cannot be faulted for questioning the process and its outcome. There is no doubt that matters of this nature are sensitive and have to be handled with care. The Respondents had received as many as seventeen complaints from students levelling serious allegations of sexual harassment against the Appellant. But that would not be a ground to give a complete go by to the procedural fairness of the inquiry required to be conducted, more so when the inquiry could lead to imposition of major penalty proceedings. When the legitimacy of the decision taken is dependent on the fairness of the process and the process adopted itself became questionable, then the decision arrived at cannot withstand judicial scrutiny and is wide open to interference. It is not without reason that it is said that a fair procedure alone can guarantee a fair outcome. In this case, the anxiety of the Committee of being fair to the victims of sexual harassment, has ended up causing them greater harm.

75. This Court is, therefore, of the opinion that the proceedings conducted by the Committee with effect from the month of May, 2009, fell short of the "as far as practicable" norm prescribed in the relevant Rules. The discretion vested in the Committee for conducting the inquiry has been exercised improperly, defying the principles of natural justice. As a consequence thereof, the impugned judgment upholding the decision taken by the EC of terminating the services of the Appellant, duly endorsed by the Appellate Authority cannot be sustained and is accordingly quashed and set aside with the following directions:

(i) The matter is remanded back to the Complaints Committee to take up the inquiry proceeding as they stood on 5th May 2009.

(ii) The Committee shall afford adequate opportunity to the Appellant to defend himself.

(iii) The Appellant shall not seek any adjournment of the proceedings.

(iv) A Report shall be submitted by the Committee to the Disciplinary Authority for appropriate orders.

(v) Having regard to the long passage of time, the Respondents are directed to complete the entire process within three months from the first date of hearing fixed by the Committee.

(vi) The procedure to be followed by the Committee and the Disciplinary Authority shall be guided by the principles of natural justice.

(vii) The Rules applied will be as were applicable at the relevant point of time.

(viii) The decision taken by the Committee and the Disciplinary Authority shall be purely on merits and in accordance with law.

(ix) The Appellant will not be entitled to claim immediate reinstatement or back wages till the inquiry is completed and a decision is taken by the Disciplinary Authority.

IN THE SUPREME COURT OF INDIA

Civil Appeal No. 2482 of 2014

Decided On: 12.05.2023

Aureliano Fernandes Vs. State of Goa and Ors.

Hon'ble Judges/Coram:

A.S. Bopanna and Hima Kohli, JJ.

Author: Hima Kohli, J.

Citation: AIR 2023 SC 2485,MANU/SC/0572/2023.

Read full Judgment here: Click here.

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Whether complaint of sexual harassment made by one woman against another woman is maintainable?

A cursory glance at Section 2(m) of the 2013 Act shows that the term "respondent" brings within its fold "a person", thereby including persons of all genders. {Para 11}

12. Although there is substance in the submission of the petitioner that the said expression has to be read in conjunction with the rest of the statue as a whole, there is nothing in Section 9 of the 2013 Act [which has been referred to in Section 2(m)] to preclude a same-gender complaint under the Act. Although it might seem a bit odd at the first blush that people of the same gender complain of sexual harassment against each other, it is not improbable, particularly in the context of the dynamic mode which the Indian society is adopting currently, even debating the issue as to whether same-gender marriages may be legalized.

13. That apart, the definition of "sexual harassment" in Section 2(n) cannot be a static concept but has to be interpreted against the back-drop of the social perspective. Sexual harassment, as contemplated in the 2013 Act, thus, has to pertain to the dignity of a person, which relates to her/his gender and sexuality; which does not mean that any person of the same gender cannot hurt the modesty or dignity as envisaged by the 2013 Act. A person of any gender may feel threatened and sexually harassed when her/his modesty or dignity as a member of the said gender is offended by any of the acts, as contemplated in Section 2(n), irrespective of the sexuality and gender of the perpetrator of the act.

14. If Section 3(2) is looked into, it is seen that the acts contemplated therein can be perpetrated by the members of any gender, even inter se. In such context, the language of Section 2(m), Section 2(n) and Section 3 of the 2013 Act is set out below:-

"2(m) "respondent" means a person against whom the aggrieved woman has made a complaint under section 9;

15. In such view of the matter, the act alleged by the private respondent to have been perpetrated by the petitioner, as evident from the complaint dated September 15, 2020 (Annexure P-5), is maintainable under the 2013 Act. Hence, the complaint cannot be turned down at the outset.

 IN THE HIGH COURT OF CALCUTTA

W.P.A. 9141 of 2020

Decided On: 27.11.2020

Malabika Bhattacharjee Vs. Internal Complaints Committe, Vivekananda College and Ors.

Hon'ble Judges/Coram:

Sabyasachi Bhattacharyya, J.

Citation:  MANU/WB/0752/2020.

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Karnataka HC: Sexually Harassing In Open Spaces Like Mall & Office Highly Improbable

 The places of sexual contact that is depicted in the complaint is what shocks. The places are at Mindtree office, Forum Mall-Koramangala, Barton Center-M.G.Road, all of which are open places. The petitioner sexually abusing the complainant in such open places cannot but be an allegation that is highly improbable. The police, after investigation, file a charge sheet in the matter, based upon the statement recorded during the investigation.A perusal at the charge sheet would indicate that the allegation against the petitioner is that he has tried to touch the complainant inappropriately wanting to kiss her. Neither the complaint nor the charge sheet would indicate any ingredient of offence under Section 354(A) of the IPC which deals with outraging the modesty of a women. Therefore, the said offence cannot be laid against the petitioner and requires to be obliterated.

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

CRIMINAL PETITION NO. 697 OF 2020

SRI SAMEER DINAKAR BHOLE Vs  THE STATE OF KARNATAKA

BEFORE

THE HON'BLE MR JUSTICE M.NAGAPRASANNA

DATED:  02ND DAY OF MARCH, 2023

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Supreme Court Guidelines for recording evidence of victim woman of sexual offences

  The legislature has, at places, moulded criminal procedure to enable victims of sexual crimes to seek justice. This has been done in recognition of the gravity of sexual crimes and the need to handle such cases in an appropriately sensitive manner. For instance, Section 327 CrPC provides for in camera trials to be conducted with respect to offences punishable under Sections 376, 376A, 376B, 376C or 376D of the Indian Penal Code 1860. {Para 33}

34. This Court, too, has had its role to play in ensuring that justice does not remain inaccessible. In State of Maharashtra v. Bandu @ Daulat,10 this Court directed that special centres be set up in each state in order to facilitate depositions by vulnerable witnesses, including victims of sexual offences. In Smruti Tukaram Badade v. State of Maharashtra,11 a two-judge bench of this Court (of which one of us, Dr. DY Chandrachud, J. was a part) supplemented the directions issued in Bandu @ Daulat (supra) with respect to setting up such special centres.

35. It is the duty and responsibility of trial courts to deal with the aggrieved persons before them in an appropriate manner, by:

a. Allowing proceedings to be conducted in camera, where appropriate, either under Section 327 CrPC or when the case otherwise involves the aggrieved person (or other witness) testifying as to their experience of sexual harassment / violence;

b. Allowing the installation of a screen to ensure that the aggrieved woman does not have to see the accused while testifying or in the alternative, directing the accused to leave the room while the aggrieved woman’s testimony is being recorded;

c. Ensuring that the counsel for the accused conducts the cross-examination of the aggrieved woman in a respectful fashion and without asking inappropriate questions, especially regarding the sexual history of the aggrieved woman. Cross-examination may also be conducted such that the counsel for the accused submits her questions to the court, who then poses them to the aggrieved woman;

d. Completing cross-examination in one sitting, as far as possible.

IN THE SUPREME COURT OF INDIA 

CRIMINAL APPELLATE JURISDICTION

Criminal Appeal No 1184 of 2022 

XYZ Versus State of Madhya Pradesh & Ors.

Coram: DR. DHANANJAYA Y. CHANDRACHUD; J., J.B. PARDIWALA; J. 

Author: Dr. Dhananjaya Y. Chandrachud, J.

Dated: August 05, 2022.

Read full Judgment here: Click here

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Supreme Court: Hold In-Camera Trial In All Sexual Harassment Cases, Apart From Rape Cases

  The legislature has, at places, moulded criminal procedure to enable victims of sexual crimes to seek justice. This has been done in recognition of the gravity of sexual crimes and the need to handle such cases in an appropriately sensitive manner. For instance, Section 327 CrPC provides for in camera trials to be conducted with respect to offences punishable under Sections 376, 376A, 376B, 376C or 376D of the Indian Penal Code 1860.

34. This Court, too, has had its role to play in ensuring that justice does not remain inaccessible. In State of Maharashtra v. Bandu @ Daulat,10 this Court directed that special centres be set up in each state in order to facilitate depositions by vulnerable witnesses, including victims of sexual offences. In Smruti Tukaram Badade v. State of Maharashtra,11 a two-judge bench of this Court (of which one of us, Dr. DY Chandrachud, J. was a part) supplemented the directions issued in Bandu @ Daulat (supra) with respect to setting up such special centres.

35. It is the duty and responsibility of trial courts to deal with the aggrieved persons before them in an appropriate manner, by:

a. Allowing proceedings to be conducted in camera, where appropriate, either under Section 327 CrPC or when the case otherwise involves the aggrieved person (or other witness) testifying as to their experience of sexual harassment / violence;

IN THE SUPREME COURT OF INDIA 

CRIMINAL APPELLATE JURISDICTION

Criminal Appeal No 1184 of 2022 

XYZ Versus State of Madhya Pradesh & Ors.

Coram: DR. DHANANJAYA Y. CHANDRACHUD; J., J.B. PARDIWALA; J. 

Author: Dr. Dhananjaya Y. Chandrachud, J.

Dated: August 05, 2022.

Read full Judgment here: Click here

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Supreme Court: Magistrate Should Order Police Investigation U/S 156(3) CrPC When Cognizable Offence of sexual harassment Is Prima Facie Found

  We cannot help but note that the police’s inaction in this case is most unfortunate. It is every police officer’s bounden duty to carry out his or her functions in a public-spirited manner. The police must be cognizant of the fact that they are usually the first point of contact for a victim of a crime or a complainant. They must abide by the law and enable the smooth registration of an FIR. Needless to say, they must treat all members of the public in a fair and impartial manner. This is all the more essential in cases of sexual harassment or violence, where victims (who are usually women) face great societal stigma when they attempt to file a complaint. It is no secret that women’s families often do not approve of initiating criminal proceedings in cases of sexual harassment. Various quarters of society attempt to persuade the survivor not to register a complaint or initiate other formal proceedings, and they often succeed. Finally, visiting the police station and interacting with police officers can be an intimidating experience for many. This discomfort is often compounded if the reason for visiting the police station is to complain of a sexual offence. {Para 16}

17. This being the case, the police ought not to create yet another obstacle by declining to register an FIR despite receiving a complaint regarding sexual harassment. Rather, they should put the complainant at ease and try to create an atmosphere free from fear. They ought to be sensitive to her mental state and the fact that she may have recently been subjected to a traumatic experience.

18. Whether or not the offence complained of is made out is to be determined at the stage of investigation and / or trial. If, after conducting the investigation, the police find that no offence is made out, they may file a B Report under Section 173 CrPC. However, it is not open to them to decline to register an FIR. The law in this regard is clear - police officers cannot exercise any discretion when they receive a complaint which discloses the commission of a cognizable offence.

IN THE SUPREME COURT OF INDIA 

CRIMINAL APPELLATE JURISDICTION

Criminal Appeal No 1184 of 2022 

XYZ Versus State of Madhya Pradesh & Ors.

Coram: DR. DHANANJAYA Y. CHANDRACHUD; J., J.B. PARDIWALA; J. 

Author: Dr. Dhananjaya Y. Chandrachud, J.

Dated: August 05, 2022

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Whether Doctor's Consultation Room is a Public Place?

 Admittedly, the place of occurrence is the consulting

room of the petitioner at the T.M. Hospital, Chavakkad. It can

never be termed as a public place or near public place.{Para 8}

 IN THE HIGH COURT OF KERALA AT ERNAKULAM

CRL.MC NO. 2322 OF 2018

DR.K.K.RAMACHANDRAN Vs  SUB INSPECTOR OF POLICE  VADANAPPALLY POLICE STATION, 

PRESENT

 DR. JUSTICE KAUSER EDAPPAGATH

Dated:  20th day of December, 2022

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Whether Person Facing Sexual Harassment Enquiry Can Be Represented By Lawyer Or Next Friend Before ICC

Petitioner seeks to be represented in the said enquiry proceedings by a person of legal background. In this regard, he is aggrieved by an e-mail communication dated 23rd September 2022 received from ICC wherein his request to engage an advocate was declined on account of an express bar to legal representation under Rule 7(6) of Rules. {Para 5}

18. Nevertheless, in the opinion of the court, once the Petitioner gave up the challenge to the provision, he cannot be permitted to seek an alternate prayer in the nature of relief (iv) above in absence of any enabling provision under the Act or Rules which entitles the Petitioner to be represented, as the bar under Rule 7(6) would certainly apply.

19. If the Court would allow such an interpretation, then this provision would become redundant, and a floodgate of law graduates, who may not be enrolled with the bar councils to become an ‘advocate’ but are still practicing law, would pour in. The purpose of keeping the proceedings fact-based and free expert legal advisory, would be lost. That apart, there is also merit in the observation that this will create a prejudice for the complainant, whose case is also being considered by the internal committee without the aid of the legal practitioner or next friend.

 IN THE HIGH COURT OF DELHI AT NEW DELHI

W.P.(C) 14547/2022

JOHNEY REBERIO Vs  UNION OF INDIA & ORS

CORAM:

HON'BLE MR. JUSTICE SANJEEV NARULA

Date of Decision: 14th October, 2022

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Bombay high court clarifies that its guidelines in POSH Act do not apply to all cases under POSH Act.

  The directions had to be confined to this particular case.

They could not possibly have had any larger or wider applicability for the simple reason that any such Rules of general applicability would have to be approved by the Full Court. A delegation of the authority of the Full Court would have to be in a manner known to law. A Single Judge hearing a particular matter within his rostered assignment has no authority or jurisdiction to issue any rules binding the entire Court. It is only the Full Court or the Hon’ble the Chief Justice which or who can do that. Very possibly, such Rules might even have been required to be notified in the official gazette. None of this was in contemplation at any time on 24th September 2021. {Para 5}

7. Ms Jaising agrees that this sufficiently addresses her clients’

concerns in the Interim Application. She therefore does not press

the Application. It is disposed of in these terms. 

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION

INTERIM APPLICATION (L) NO. 2215 OF 2022

IN

SUIT NO. 142 OF 2021

Forum Against Oppression of Women …Applicant

In the matter between

P ...Plaintiff  Vs A & Ors …Defendants

CORAM: G.S. PATEL, J

DATED: 17th March 2022

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Guidelines of Bombay high court for delivery of Judgments and orders Under POSH Act?

 I would suggest that these guidelines are the minimum required.

3.ORDERS

In all orders, the endeavour will be to anonymize the identities of the parties. Therefore:

(a)In the order sheets, the names of the parties will not be mentioned. The orders will read “A v B”, “P vs D” etc.

(b)In the body of the order, the parties will not be referred to by their names but only as Plaintiff, Defendant No.1 etc.

(c)In the body of any order, there will be no mention of any personally identifiable information (“PII”) such as email ids, mobile or telephone numbers, addresses etc. No witness’s names will be mentioned, nor will their addresses be noted.

(d)Orders/judgments on merits will not be uploaded. Because this order sets out general guidelines and does not address the merits, it is permitted to be uploaded.

(e)All orders and judgments will be delivered in private, that is to say, not pronounced in open court but only in Chambers or in-camera. 

(a)No PII document shall be retained by the Registry when any affidavit, application or pleading is being filed.

(b)For verification of identity, the Registry may ask for production of an identity document to establish the identity of the deponent, but no copy of any such document is to be retained on file.

(c)In the short titles of all further affidavits, parties must use the anonymized title as given at the head of this order.

(d)Under no circumstances will the registry enter the email id, mobile number, Aadhaar number or any other PII of any of the parties or witnesses in the CIS.

5.ACCESS

(a)The Registry will not permit anyone other than the Advocate-on-Record with a current and valid vakalatnama to take inspection or copies of any filing or order.

(b)The entire record is to be kept sealed and is not to be given to any person without an order of the Court.

(c)Fresh filings will also be sealed and kept with the main record.

(d)The record is not to be digitized by any third-party solution provider without an order of the court. If the 

record is to be digitized, directions will be sought from the Court for supervised digitization.

(e)Witness depositions will not be uploaded under any circumstances.

6.HEARINGS

(a)All hearings will only be in Chambers or in-camera.

(b)There will be no online or hybrid facility for hearings. All hearings must be by physical attendance.

(c)Only the advocates and the litigants are permitted to attend hearings. Support staff (clerks, peons, etc), must leave the Court.

(d)Except the Court Master/Associate or Sheristedar and the stenographer or person providing secretarial assistance, other Court staff must also leave the court and not be present at the hearing.

7.DIRECTIONS TO CERTIFIED COPY DEPARTMENT

(a)The Certified Copy Section/Department will not raise any objection because of the difference in the short or long title of the matter and the order in question.

(b)To the extent possible, parties will function using an ordinary, authenticated or digitally signed copy of every order.

(a)If any order is to be released into the public domain, this will require a specific order of the Court.

(b)This will be on the condition that only the fully anonymised version of the order of judgement is let into the public domain for publication.

9.BREACH

(a)The prohibition on publishing the names, address or other PII of the parties is absolute.

(b)It will continue to apply where that information about the parties has been obtained by using the contents of a judgment or order to discover information already in the public domain.

(c)All persons, including the media, are required to ensure strict compliance with these conditions of anonymity. Failure to do so will be a contempt of court.

10.MEDIA DISCLOSURE FORBIDDEN

(a)Both sides and all parties and advocates, as also witnesses, are forbidden from disclosing the contents of any order, judgment or filing to the media or publishing any such material in any mode or fashion by any means, including social media, without specific leave of the court.

(b)Witnesses to the action, in addition to the usual oath, must sign a statement of non-disclosure and confidentiality.

(c)All concerned will be bound by these guidelines, and failure to abide by these conditions will also be a contempt of court.

11.RECORDING PROHIBITED

(a)Any form of recording of any part of the proceedings is strictly forbidden.

(b)Any attempt to record or transcribe any part of the proceedings will be a contempt of court.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION

SUIT NO. 142 OF 2021

P Vs  A 

CORAM:

G.S. PATEL, J

DATED: 24th September 2021

This guidelines are modified by high court. Here is the link

Bombay high court clarifies that its guidelines in POSH Act do not apply to all cases under POSH Act.

https://www.lawweb.in/2022/03/bombay-high-court-clarifies-that-its.html

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Whether an offence of Abetment of suicide By Instigation Depends On Intention Of Accused or Victim's Actions?

 The note is scribed by the deceased few hours before

she took the extreme step and is an expression of despair and her

anguish; it reflect her desperation and pain.

She is a girl in formative years and her writing give an

impression that she feel trapped. It is possible that any other girl

in similar circumstances would have responded to the situation in a different way, but as stated above, the applicant was her own

uncle and considering the close association of the family with

him, there was an absolute inhibition on her part to blame him

and embroil him in accusation. The screen shots from the mobile

make it apparent that the applicant was harassing the deceased

and inspite of her strong protest, was seeking something from her, leaving her in a despondent state.

12 The accepted legal position being to the effect that

the word ‘instigation’ is to goad, urge, forward, provoke, incite or

encourage to do an act. However, to satisfy the requirement of

instigation, though it is necessary that the actual words must be

used to that effect, but what constitutes instigation must

necessarily and specifically be suggestive of the consequences.

The position of law which emerges from the authoritative

pronouncements is that a reasonable certainty to incite, the

consequences must be capable of being spelt out. The offence of

abetment by instigation depends upon the intention of the person

who abets and not upon the act which is done by the person who

was abetted.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

CRIMINAL BAIL APPLICATION NO. 2687 OF 2021

Gaurav  Sopan Narkhede Vs  The State of Maharashtra 

CORAM: BHARATI DANGRE, J.

DATED : 1st SEPTEMBER, 2021

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