Section 354d,509 and 34
Guest
(Querist) 20 August 2014
This query is : Resolved
An FIR was filled under the IPC section 354D,509 and 34 on almost 13 people of our company and half of us are girls by a colleague of us stating that we have harassed her.
Once the charge sheet is filled we got our regular bail yesterday. And have our first hearing on 5th Sep 2014.
She filled complained from Director of the company to the clerk.Even HR of our company.
My questions are following:
Are these sections applicable on girls?
Without evidences can Police file charge sheet against us?
She had involved Women's council(Pune NGO) in it?
Average duration of such cases?
We are very normal kids from the of 21 to 27 years and just blindly following our Director and HR.We are very scared now.
Regards,
Krutika Aswale
Raj Kumar Makkad
(Expert) 20 August 2014
1. Yes, no discrimination is made on the application of the mentioned section on the gender basis.
2. Evidence might be included by way of the statements recorded under section 161 of Criminal procedure code which can be searched in charge-sheet.
3. Query is not clear.
4. It may take 2-3 years in lower court.
ajay sethi
(Expert) 21 August 2014
agree with Mr makkad
Shonee Kapoor
(Expert) 21 August 2014
Well, my understanding was different; let me study it any further.
Though I know academic queries are not allowed; any citations where women are prosecuted for 509/ 354D, if experts can make an exception in the instant case.
Regards,
Shonee Kapoor
www.shoneekapoor.com
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If you don't fight for what you want, don't cry for what you LOST.
Biswanath Roy
(Expert) 21 August 2014
Application of provisions of laws cannot be discriminatory.It is conflicting with our Constitution.
Raj Kumar Makkad
(Expert) 21 August 2014
@Shonee Kapoor! There is no exception to this law as per my knowledge.
Shonee Kapoor
(Expert) 22 August 2014
Dear Makkad Sir/ Roy Sir,
I understand that 354D is stalking a woman and 509 is intending to insult the modesty of the woman by word, sound or gesture.
"modesty" is the attribute attached to female sex only.
And.... though theoratically, it can only be insulted by a woman too, but largely, like rape and molestation it can be done by a man. In many a cases, it has been held that woman can not be accused in Rape case. I had never dealt with the question - can woman be a part of intending to insult the modesty of a woman?
Theoretically, even if a man is part of the gang who raped a victim, irrespective whether he had intercourse of penetration of the woman, he is guilty. Such association can not be with the women who were also part of that gang.
I am sure it would be interesting to look into the question of applicability of such laws on women :-)
Regards,
Shonee Kapoor
www.shoneekapoor.com
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If you don't fight for what you want, don't cry for what you LOST.
Shonee Kapoor
(Expert) 22 August 2014
I regret, if the discussion is academic.
Regards,
Shonee Kapoor
www.shoneekapoor.com
Facebook: www.facebook.com/shoneekapoor
twitter.com/shoneekapoor
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If you don't fight for what you want, don't cry for what you LOST.
T. Kalaiselvan, Advocate
(Expert) 25 August 2014
The discussion is not academic. Expert Mr.Shoney Kapoor has raised a very valid observation in this regard. The applicability of section 509 to women is still under cloud, well let the investigation go on and charge sheet be filed, it is the headache of the prosecutor to prove and the defence counsel to challenge it.
