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Sonu (Software Engineer)     14 July 2015

Women harrasment case

Dear Lawyers,

A women filed a case saying a man harrased her.

Does police immediately arrest the man who harrased without enquiry?


 4 Replies

jude.dsouza   14 July 2015

Please confirm under which Act has case has been registered?

 If it is under Indian Penal code then under section 354A, he is liable to imprisonment. But if the case is under Sexual harrasement at work place Act, 2013, then it is first an internal matter which needs to be taken care by the committee constituted in the company. If if matters cannot be resolved at the company level, only then the police gets involved.

Sonu (Software Engineer)     14 July 2015

Hi Jude,

This was happend at home in a villege. I just want to know whether police arrest immediately the man who harrased a woman or police do some enquiry and then take necessary action against the man?

jude.dsouza   14 July 2015

An enquiry will be done and based on it only arrest can be done- if it is a normal harrasement case.

But if it is a s*xual harrasement case, then the issue is a cognizable offence and immediate arrest without warrant is possible.[clause 41 of Code for criminal procedure] 

saravanan s (legal advisor)     14 July 2015

it depends on the section of ipc under which she files a case on you.only if its a cognizable offence you would be arrested (subjected to supreme court guidelines on arrest in case of cognizable offence) otherwise no arrest.

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