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Shweta---------- (Stdyng CA and CS)     21 April 2012

Time limit for filling molestation case

Hi .. i want to knw if a person misbehaved , molested, asked bribery and  harrased a girl ........and the girl filed a complaint against him  but due to the police pressure or her parents request for family's name  , doesnt include the word " Molestation " in her application letter filed to poilce . and if  after a month or two month , she decides to make up her mind to take action aginst the culprit for molesting her ... can she do so ?/ whats the time limit ?



 7 Replies

Adv. Chandrasekhar (Advocate)     21 April 2012

Molestation falls uder Section 354 IPC.  As per central Act, the punishment is 2 years imprisonment.  As per Section 468 (2)(c) of the Cr.P.C. the limitation is three years period.  It means, within three years period of the occurence of offence, one can file complaint in the police station.  If the police will not take any action or try to use undue influence on the complainant to withdraw the case (in India, it is normal in the offences related to women, more particuarly the offence related to S.354 IPC), you can also directly file a private complait before the Magistrate under Section 200 Cr.P.C. along with Section 156(3) application.  My suggestion is to file a fresh complaint giving all the details and also referring the earlier complaint in which full details were not properly explained and also explaiing the reasons for filing this complaint wth such delay of one or two months (Parental pressure and police pressure) and also mention that the accused has not stopped to molest the complainant.

You also analyze his actions and find out whether they also come in the category of Section 509 IPC and Section 66 of Information Technology Act and also s*xual harassment in workplace.

It requires a lot of guts and patience to pursue such matters in India.

If any further enquiry is there, do not hesitate to ask me again.

warm regards.  

Devajyoti Barman (Advocate)     21 April 2012

It is not the actual word but the content in the FIR which determines the chrges to be framed.

If the staementss mennntioned in the FIR does discloses outraging the modesty of woman the Police can add that section later on.

Else you can apply to the Magistarte for addition of that charge.

Shweta---------- (Stdyng CA and CS)     21 April 2012

Police man requested again and agin that all ur pending works wud be done , u are like my daughter , it will ruin ur image and will create problem in ur marraige and somehow he scared my papa and my papa being a father of a daughter got worried and requested me not to  use the word molestation .now the situtation is i m asking policeman again and again that what steps they have taken , they are not entertaining me ...and the culprit is free ........  @ Mr .Chandu : there is no continued molestation ... it happened the day before i filed my complaint and the culprit dint conracted me since then ............... but yes i called him after 2-3 days and asked him how dare he misbehaved in such way , he dint answer and threatened me that " agar tu mere office aa gayi toh bach ke nahi jaayegi " .....

Shweta---------- (Stdyng CA and CS)     21 April 2012

 Kindly note , i have recordings of conversation with him ovr the phone

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     21 April 2012

Lovely,

 

To be honest and straightforward, though a fresh complaint is maintainable and may be entertained by the courts. However, your previous statement would be a bar to bring about any conviction against the accused.

 

Whether you were misled or else, the previous case has gone in cold storage.

 

I fully well empathize with your situation, but it happens sometimes in life that one has to live with some bad taste in mouth about a few incidents. Where the only sane way is to forgive and move on. Don't get stuck.

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

1 Like

Shweta---------- (Stdyng CA and CS)     21 April 2012

@Shonee Kapoor: Thanx Sir for ur advice and i agree with u


(Guest)

Hello I am looking for a best lawyer  

Details will be shared via email. this is short stories.

Cheated by Police. Delay for reg FIR 16 months .destroyed material evidence and now saying 4 accused where not present at the time of incident . 

Accused 6 ,arrested 2 out of  6..(co-accused 2 nothing on them inspite of providing all proofs).

Day 1 police was cheating me. FIR was reg after 16 months on 6. IPC 143/147/149/504/506/509/354/34

https://www.hindupost.in/news/mumbai-girl-alleges-harassment-revenge-exposing-corruption/


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