Going to the police
Criminal procedure
When you choose to file a criminal case, it is important you prepare yourself with info on the Criminal procedure.
- The criminal procedure begins with filing a FIR. It is the first information report that the victim as a prime witness gives to the police and it sets the ball rolling for Criminal justice. However, even before you file the FIR it is a good idea to know the difference between Cognizable and Non-Cognizable Offences. Sexual harassment is a cognizable offence.
- Once the FIR is lodged, an Investigating Officer is assigned to begin a fact-finding process. Based on its investigation, the police can decide if the accused needs to be arrested or not. Post completion of the investigation, the police is required to draw a charge-sheet, which is to be submitted to the magistrate.
- The case is then presented in the Court, whereby the accused is either sent to judicial custody (for cognizable offences) or where the police seek permission to investigate the offence (for non-cognizable offence).
- Charges are framed by the Court, where the accused is informed of the same and is asked to take a stand (guilty or not).
- Evidences and witnesses of both the parties (prosecution and defence) are examined and cross-examined.
- Arguments are placed by both the parties.
- Finally resulting in judgment is announced, where the accused is either punished or acquitted.
Immediate Police Action
In case you are stuck in a situation where you need help from police immediately, then do not hesitate to call 100. Your call is relayed to the nearest mobile Police Control Room.
The Police Control Room is there to assist you till the local police arrive. In case you are in Mumbai or Delhi, you can call local helpline numbers for women such as 103 or 1091, respectively.
There might be certain cases when the harasser tries to flee. In such cases, you can take help from people around you to forcibly arrest the offender, till the police arrive. This is possible under Section 43 of the Criminal Procedure Code, which enables citizens to make an arrest.
Lodging a First Information Report (FIR)
The only way to stop sexual harassment is to name it for what it is. There will always be people to tell you it means nothing or that you are over-reacting. It might be “time-pass” for some, but filing a FIR is letting them know that it is a crime.
Keep in mind the following while lodging a FIR ….
- An FIR is always filed in the police station. However, it is not necessary that the victim must lodge it. It can be filed by a witness or by a police officer who comes to know of the crime too.
- Do not wait for too long before filing the FIR. It is understandable that you are apprehensive about the whole process, but unnecessary delay may hamper the legal process.
- The FIR must include time, venue and date on when the incident of sexual harassment took place, the identity of the accused and any other persons who might have supported him. In case the harasser was a stranger, then try to give as accurate description as possible.
- You must describe the incident as accurately as is possible. For instance, if you were groped, you should describe how and where.
- If you feel an ongoing threat or apprehensions of your personal safety from the accused, do mention it in the FIR.
- The FIR must be lodged in the area where the case of sexual harassment took place. Thus if you are sexually harassed in the harasser’s or your own home, you must then go to the police station under whose jurisdiction the area falls.
- Do go through the FIR once before you sign.
- The FIR must be duly stamped and signed by the Duty Officer and carry a Police Station stamp. Do note the serial number of the Report.
- Know that you are entitled to a copy of the FIR at no cost.
- When you file a FIR, remember you are only reporting the facts as you know, and do not have to prove them then.