Wrestlers in SC: What law says on FIR in sexual harassment cases

Wrestlers in SC: What law says on FIR in sexual harassment cases

Subject :Polity

Section : legislations in news

Why in News?

The Supreme Court issued notice to the Delhi Police on a petition filed by seven wrestlers seeking an FIR against Brij Bhushan Sharan Singh, Wrestling Federation of India (WFI) president and BJP MP, on allegations of sexual harassment.

Law on FIR after a Sexual Harassment Complaint

• Section 154 (1) of the Code of Criminal Procedure – enables police to register an FIR after receiving information about a cognizable offence.
• A cognizable offence/case – A police officer may make an arrest without a warrant.
• Indian Penal Code Sections pertaining to sexual harassment and sexual assault fall within the category of cognizable
• The law also has provision for the registration of a ‘Zero FIR’.

What is Zero FIR?

Even if the alleged offence has not been committed within the jurisdiction of the police station approached, the police can file an FIR and transfer it to the police station concerned.

Justice JSVerma Committee Report

• The Committee on Amendments to Criminal Law, aka the Justice JS Verma Committee – formed in the aftermath of the December 16, 2012 Delhi gangrape case.
• Recommended insertion of a section where if an officer in-charge of a police station refuses “or without reasonable cause” fails to record information related to a cognizable offence, he shall be punished. Hence section 166A was inserted in the Criminal Law (Amendment) Act, 2013.

What is Section 166A of Criminal Law (Amendment) Act, 2013

• If a public servant failed to conduct an investigation wherever it necessitates or especially if failed to register an FIR in cases of sexual offences under Section 154 of the Code of Criminal Procedure, rigorous imprisonment for a term of minimum six months and maximum two years can be given, and he shall also be liable to paying a fine.
• Although this includes all cognizable offences, the provision particularly mentions certain sections of the IPC, including those related to sexual harassment, rape, and gangrape.

Ministry of Home Affairs issued advisories on mandatory action by the police in cases of crimes against women.

FIR Provisions Under POCSO Act

Section21– Any failure to report the offence or failure to record such an offence shall be punished with jail extending to six months or a fine or both.

Therefore Report to be filed mandatorily on receiving a complaint including from a child.

Refusal to File FIR by Police

• Section 154 (3) of the CrPC – a person aggrieved after refusal to file FIR by a police in-charge can send the information to the Superintendent of Police. The SP, after verification that the information discloses the commission of an offence, shall either investigate the case herself or direct for a probe.
• Section 156 of CrPC
• If a person is aggrieved by the police’s refusal to file an FIR, a complaint can be made before a magistrate under section156 (3).
• The magistrate court can then order registration of a case at the police station.
• The complaint before the magistrate would be treated as an FIR and the police can initiate its investigation

Lalita Kumari vs Govt of UP and ors. 2013

Issue – whether the police officer is bound to file an FIR for information received of a cognizable offence or does the officer have the power to conduct a ‘preliminary inquiry’ before the FIR.

Constitution bench judgement – registration of an FIR under section 154 CrPC is mandatory if information of a cognizable. Scope of preliminary inquiry – only to ascertain whether the information reveals any cognizable offence. Preliminary Enquiry should not exceed seven days.