Sexual assault
2 months ago
How the sexual assault case work in india and what's the procedure and also what kind of proof you need with you specially if you are a girl.
A.Dear Client,
1. An FIR needs to be filed in the nearest police station.
2. Since 2013 (Criminal Law Amendment Act, 2013), when any information is given by a women regarding Commission or attempt of sexual harassment, outraging her modesty or rape then such information shall be recorded, by a woman police officer or any woman officer.
3. Victim has a right to be represented by a lawyer from the beginning of the case, i.e. from lodging of an FIR at the police station till the final outcome of the case.
4. The doctor should cater to the medical needs of victim with utmost priority. No hospital can deny conducting medical legal checkup (M.L.C) of the victim who has come to the hospital without police referral.
1. An FIR needs to be filed in the nearest police station.
2. Since 2013 (Criminal Law Amendment Act, 2013), when any information is given by a women regarding Commission or attempt of sexual harassment, outraging her modesty or rape then such information shall be recorded, by a woman police officer or any woman officer.
3. Victim has a right to be represented by a lawyer from the beginning of the case, i.e. from lodging of an FIR at the police station till the final outcome of the case.
4. The doctor should cater to the medical needs of victim with utmost priority. No hospital can deny conducting medical legal checkup (M.L.C) of the victim who has come to the hospital without police referral.
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A.Dear Client,
The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, also known as the ‘PoSH Act,’ is an Indian law passed to make offices safer for women by halting, restricting, and resolving sexual misconduct against them in the organization. The Ministry of Women and Child Development made the law effective throughout India on December 9, 2013, characterizing sexual harassment and establishing the processes for lodging a lawsuit and conducting an investigation, as well as the measures to be taken. According to Section 2(n) of the Act, sexual harassment includes the following unwelcome acts: Sexual advances and physical contact, A request or demand for sexual favours., Making sexually charged remarks. Displaying pornography or any other unwanted sexual physical, verbal, or nonverbal conduct. The accusation must be filed “within 3 months from the date of the episode,” to the ICC (Internal Inquiry Committee) according to the Act. The ICC has two options: file a police report or file charges that must be accomplished within ninety days. In aspects of summoning and inquiring individuals under pledge, as well as trying to order the discovery and development of records, the ICC has civil-court-like power and authority. Within ten days of the inspection’s execution, the ICC must give the firm a paper detailing its findings. The report is available to both stakeholders. According to the legislation, the legitimacy of the lady, the accused, and any eyewitnesses, as well as any relevant information on the investigation, proposal, and action is taken, is not to be publicly disclosed. When the investigation is finished, the ICC must provide the employer with a report on its findings within 10 days. Both parties are also given access to the report. If the allegations of sexual harassment are proven, the ICC advises the employer to take action “in accordance with the provisions of the company’s service rules.” Compensation is determined by five factors: the woman’s suffering and emotional distress; her loss of career opportunity; her medical expenses; the respondent’s income and financial status; and the feasibility of such payment. Following the recommendations, the aggrieved woman or respondent has 90 days to file an appeal in court. Section 14 of the Act addresses the penalties for filing a false or malicious complaint and providing false evidence. In this case, the ICC “may recommend” to the employer that action be taken against the woman or the person who filed the complaint “in accordance with the provisions of the service rules.”
The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, also known as the ‘PoSH Act,’ is an Indian law passed to make offices safer for women by halting, restricting, and resolving sexual misconduct against them in the organization. The Ministry of Women and Child Development made the law effective throughout India on December 9, 2013, characterizing sexual harassment and establishing the processes for lodging a lawsuit and conducting an investigation, as well as the measures to be taken. According to Section 2(n) of the Act, sexual harassment includes the following unwelcome acts: Sexual advances and physical contact, A request or demand for sexual favours., Making sexually charged remarks. Displaying pornography or any other unwanted sexual physical, verbal, or nonverbal conduct. The accusation must be filed “within 3 months from the date of the episode,” to the ICC (Internal Inquiry Committee) according to the Act. The ICC has two options: file a police report or file charges that must be accomplished within ninety days. In aspects of summoning and inquiring individuals under pledge, as well as trying to order the discovery and development of records, the ICC has civil-court-like power and authority. Within ten days of the inspection’s execution, the ICC must give the firm a paper detailing its findings. The report is available to both stakeholders. According to the legislation, the legitimacy of the lady, the accused, and any eyewitnesses, as well as any relevant information on the investigation, proposal, and action is taken, is not to be publicly disclosed. When the investigation is finished, the ICC must provide the employer with a report on its findings within 10 days. Both parties are also given access to the report. If the allegations of sexual harassment are proven, the ICC advises the employer to take action “in accordance with the provisions of the company’s service rules.” Compensation is determined by five factors: the woman’s suffering and emotional distress; her loss of career opportunity; her medical expenses; the respondent’s income and financial status; and the feasibility of such payment. Following the recommendations, the aggrieved woman or respondent has 90 days to file an appeal in court. Section 14 of the Act addresses the penalties for filing a false or malicious complaint and providing false evidence. In this case, the ICC “may recommend” to the employer that action be taken against the woman or the person who filed the complaint “in accordance with the provisions of the service rules.”
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