In Sexual Harassment Cases Magistrate Should Direct to Register FIR 156(3) Cr.P.C: Supreme Court

07 May 2024 2:49 AM

By: Admin

D.D-August 05, 2022

The Supreme Court recently declared that police should not put impediments in the way of victims reporting sexual harassment by refusing to file a FIR.

Apex Court Stated "It is crucial that all courts continue to recognise that the legal procedure tends to be considerably more burdensome for complainants who are potentially suffering with trauma and societal shame as a result of the unjustified stigma linked to victims of sexual harassment and assault."

Apex Court observed that wherever a cognizable offence is established in a complaint, the police must file a FIR.

The Supreme Court stated that it was regrettable that the police did nothing in this situation. Every police officer has a moral obligation to perform their duties with integrity for the community. The police must be aware that they are frequently the first people a victim of a crime or a complainant contacts. They ought to follow the law and make it easy to file a FIR. Of course, they have to be neutral and fair to all members of the public. This is even more crucial in cases of sexual harassment or violence because the victims, who are typically women, experience severe social shame when they try to report it.

The Apex Court also observed that the courts must work to prevent burdening the victims with the process of trying to bring the offenders to justice. People who are upset shouldn't have to jump through hoops just to file a complaint and start an investigation, especially if their complaint prima facie establishes a cognizable offence.

XYZ

State of Madhya Pradesh & Ors