Sexual harrasment false case Sexual harrasment false case

2 months ago

Can a woman file a case of sexual harassment or rape without evidence? And will the police file an FIR for sexual assault and rape of a woman without any evidence? can police write?Especially the woman came after 4 years and said that he had sexually harassed or raped her...

Anik

Responded 2 months ago

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A.Dear Client,

Yes, a woman can file a case of sexual harassment or rape without having direct evidence. The absence of immediate evidence doesn't prevent someone from reporting such incidents to the police. In many cases, survivors of sexual assault may not have physical evidence due to delayed reporting, but their accounts are still taken seriously.

When a complaint is filed, the police are generally obligated to register a First Information Report (FIR) based on the survivor's statement. However, it's important to note that the legal process involves thorough investigation, and the absence of immediate evidence may affect the strength of the case during trial.

It's important for survivors to report incidents of sexual harassment or assault as soon as possible, as delayed reporting can present challenges in gathering evidence. However, every case is unique, and the legal system is designed to handle situations where evidence may not be immediately available. It's advisable to consult with legal authorities for specific advice.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 2 months ago

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A.Dear Client,
As per Section 9(1) of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 any aggrieved woman may make, in writing, a complaint of sexual harassment at the workplace to the Internal Committee if constituted, or the Local Committee, in case it is not so constituted, within a period of three months from the date of incident and in case of a series of incidents, within a period of three months from the date of last incident: So after lapse of 4 years, her complaint is now barred by limitation.
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Vidhi Samaadhaan Vidhi Samaadhaan

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