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Can police take cognizance on sexual harassment at workplace case
13-Mar-2023 (In Criminal Law)
Does the SHWA override the penal provisions on the same subject under the IPC ? Also, can police take suo moto cognizance of an alleged case of sexual harassment without ever receiving any direct complain from the victim ?
No,the SHWA does not override the penal whereas it provides you opportunity to put your complaint before committee internal or local it depends upon your situation or work place whether they have constituted any internal complaint committee or not,when committee founds that the complaint is not false then it can give direction to police for registering complaint under penal and proceed further
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Adv. Puja Shrivastava
Delhi | 100+ Answers
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no, police cannot take suo moto cognizance on sexual harassment. complaint is required from victim. DHWA is not override penal provisions but if victim lodged against any person for sexual harassment, police will take action against him.
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Adv. Sunita Saxena
Delhi | 25+ Answers
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Yes. Specially after the visakha case judgement, now the police can take action after a complaint by the concerned victim. It is madatory for companies to apply shwa guidelines of SC. also the police has to register a zero fir if the place of work and place of residence of the woman are far off.
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Adv. Palav Agarwal
Delhi | 100+ Answers
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