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Do we need anticipatory bail in non verbal sexual harassment


18-Aug-2025 (In Criminal Law)
Hi, One lady put allegation on my friend of staring her chest while passing through in lift and lobby. She sent sms to him on WhatsApp. She has written one application to police also that My friend stare her chest . She has no artifacts . Even she didn’t not tell the day, date when she felt like this . Can police arrest my friend without any proof? Should we go for anticipatory bail
Answers (4)

Answer #1
629 votes
Well, since your friend did not do anything even if he would have stared her, nothing would happen. If your friend would have touched her inappropriately, then, things would have become different and your friend may have to end up seeking Anticipatory Bail.
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Advocate Pankaj Bajaj

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Answer #2
774 votes
Yes. I believe this is an incident that occurred against you being a society committee member. I have come across similar query. You have to file for anticipatory bail asap to avoid arrest and yes police can arrest you
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Advocate Keyur Kulkarni

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Answer #3
609 votes
First of all unless the police called you and giving notice of 41A unless and until you don't worry about it and if police call you and says that some police station for investigation at that time don't go without any legal advice or any advocate with you
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Advocate Omkar Mahesh Tak

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Answer #4
995 votes
Police can register an FIR based on a woman’s complaint statement alone. No additional proof (CCTV, witnesses, etc.) is needed at the time of lodging. Arrest power: For offences like sexual harassment (Sec 74 BNS), the maximum punishment is up to 3 years (non-bailable). Police technically can arrest after FIR, even if the evidence is weak. However, courts have directed police to follow arrest guidelines (Arnesh Kumar vs State of Bihar, 2014) – arrest should not be mechanical, they must justify why it is necessary.
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Advocate Jhelum Ghate

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