Laws Related to Mental Harassment in India

In this article, we take a closer look at what constitutes mental harassment, mental harassment law, and how to file a complaint. If you have been a victim of mental or psychological harassment, it’s important to talk to a lawyer for clarity on the further course of action.

The term ‘Harassment’ is a form of discrimination. It includes any unwanted physical or verbal behaviour that offends or humiliates you. It covers a wide range of behaviours of an offensive nature. It is commonly understood as behaviour that demeans, humiliates, or embarrasses a person, and it is characteristically identified by its unlikelihood in terms of social and moral reasonableness. Such behaviour affects the physical and mental well-being of a person. Although mental harassment is not defined specifically under the Indian Penal Code 1860, a number of sections such as 294, 354, 354A, 498A, and 509 are applicable as harassment case law. 



In the legal sense, these are behaviours that appear to be disturbing, upsetting, or threatening. They evolve from discriminatory grounds and have the effect of nullifying or impairing a person from taking benefit of their rights. When these behaviours become repetitive, they can also be construed as bullying in common parlance. The continuity of repetitiveness and the distressing, alarming, or threatening nature may distinguish it from a mere insult or admonishment.

In this article, we take a closer look at what constitutes mental harassment, mental harassment law, and how to file a complaint. If you have been a victim of mental or psychological harassment, it’s important to talk to a lawyer for clarity on the further course of action.

What is Mental or Psychological Harassment?

Mental or psychological harassment comes under detrimental or hostile conduct by one or more individuals directly or indirectly towards a third person. This is conduct that occurs frequently and over a long period which defames an individual or excludes them from work. It refers to a conjunction of incidents that, when considered individually, may appear harmless. However, their continuous repetition has a destructive and impairing effect on the victim.

What are the Laws that Govern Mental Harassment in India?

The following are a few Indian laws which deal with various forms of Harassment:

1. The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013

Sexual harassment includes any one or more of the following unwelcome acts or behaviour (whether directly or by implication), namely:

• Physical contact and advances or

• A demand or request for a sexual favour or

• Making sexually coloured remarks or

• Showing pornography or

• Any other unwelcome physical, verbal or non-verbal conduct of a sexual nature

• The law mandates certain practices which workplaces ought to follow to prevent sexual harassment and mechanisms which need to be created for the redressal of complaints.

2. IPC For Mental Harassment

The term “ Mental Harassment” has not been specifically defined under the Indian Penal Code, 1860 (IPC), however, harassment can be interpreted in terms of cruelty or torture. The Sections pertaining to mental harassment in IPC are as follows: 

 A. Section 294: Obscene acts and songs: According to IPC Section 294 , whoever, to the annoyance of others a., does any obscene act in any public place or b. sings, recites, or utters any obscene song, ballad, or words, in or near any public place, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine, or with both.

B. Section 354: Assault or criminal force to woman with intent to outrage her modesty.- According to IPC Section 354 , whoever assaults or uses criminal force on any woman, intending to outrage or knowing it to be likely that he will thereby outrage her modesty, shall be punished with imprisonment of either description for a term which may extend to two years or with a fine, or with both.

C. Section 354A: Sexual harassment.

1. A man committing any of the following acts-

1. Physical contact and advances involving unwelcome and explicit sexual overtures or

2. A demand or request for sexual favours or

3. Showing pornography against the will of a woman or

4. Making sexually coloured remarks shall be guilty of the offence of sexual harassment.

2. Any man who commits the offence specified in clause (i) clause (ii), or clause (iii) of sub-section (1) shall be punished with rigorous imprisonment for a term which may extend to three years or with a fine, or with both.

3. Any man who commits the offence specified in clause (iv) of sub-section (1) shall be punished with imprisonment of either description for a term which may extend to one year, with a fine, or with both.

D. Section 498A: Husband or relative of husband of a woman subjecting her to cruelty – Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.

Explanation —For IPC Section 498A, “cruelty” means—
Any willful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb, or health (whether mental or physical) of the woman; or harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.

E. Section 509: IPC section 509 deals with word, gesture or act intended to insult the modesty of a woman.—Whoever, intending to insult the modesty of any woman, utters any word, makes any sound or gesture, or exhibits any object, intending that such word or sound shall be heard, or that such gesture or object shall be seen, by such woman, or intrudes upon the privacy of such woman, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both.

3. Information Technology Act, 2000

This law aims to give legal recognition to online transactions and also deals with various acts and offences which may be committed online: A. Section 67: Punishment for publishing or transmitting obscene material in electronic form. B. Section 67A: Punishment for publishing or transmitting material containing the sexually explicit act, etc., in electronic form.

Important case law on Mental Harassment

One of the important case laws on mental harassment in India is the Indra Sarma v. V.K.V. Sarma case, which was decided by the Supreme Court of India in 2013. In this case, the court recognized that mental cruelty could be grounds for divorce under the Hindu Marriage Act 1955.

Important Case Law on Sexual Harassment

The most important case law on sexual harassment in India is the Vishaka v. State of Rajasthan case. In this landmark case, the Supreme Court of India recognized sexual harassment in the workplace as a violation of a woman's fundamental right to equality and dignity under Articles 14, 15, and 21 of the Indian Constitution. The Court also formulated guidelines, known as the Vishaka Guidelines, to prevent and redress sexual harassment in the workplace until legislation was enacted.

What is Mental Harassment in Marriage?

Mental Harassment in marriage is the same as mental harassment in general. However, when we refer to mental harassment in marriage, it is the psychological harassment caused by the spouse or the in-laws. There are various laws that deal with mental Harassment caused in a marriage, such as Sections 354, 354A, 498A, and 509 of the Indian Penal Code as mentioned above. Apart from the above-mentioned IPC sections, there are specific acts such as:

1. The Protection of Women from Domestic Violence Act, 2005: The Protection of Women from Domestic Violence Act 2005, helps women who are a victim of domestic violence of any kind. This act is a legal medium using which they can take action against the person. Once a woman initiates a legal action under the provisions of this act, she shall receive protection from any reoccurrence until the case goes to trial.

2. Dowry Prohibition Act, 1961: To break the norms of the century-old practice, the enactment of the Dowry Prohibition Act 1961of prevents demanding and accepting dowry from a woman's family.

Mental Harassment By Husband

The following belong in the category of harassment by husband or in-laws for mental harassment:

• Behaviour or acts which instigate women towards suicide.

• Any act of husband or in-laws which causes the woman grave and critical injury.

• Demanding dowry from the parents of the women certainly amounts to harassment.

• Any act which causes physical or mental injury is defined as harassment as per Indian law.

To prove Mental Harassment by a husband, one should prove the following:

• Any physical violence of any severity is termed as cruelty and is enough to start legal action.

• Any verbal abuse in terms of taunt, words, language, etc, that are intended to cause mental torture.

• Abstaining a woman from talking to or meeting her family.

• Not letting the women see their children.

• Intentionally denying the food for a long time and at intervals.

• Sexual intercourse without her consent.

• Unnatural sex.

• Limiting social interaction.

• Cruelty towards her children.

• Threatening with divorce for illegal, immoral, or unreasonable demands.

Mental Harassment by in-laws

There are a number of means and ways through which mental harassment by in-laws of a woman can occur:

• Any conduct of the in-laws which forces a woman to commit suicide

• Any conduct that would cause grave injury to a woman includes domestic violence

• Any conduct or demand of her in-laws either to her or to her parents or relatives regarding any property which is under the possession of her family (dowry demands)

• Any conduct or demand of her in-laws regarding any amount of money as dowry either from her or from her parents or any relative

• Any act which would amount to cruelty under the Indian Laws?

Mental Harassment by Wife

A man can also be subject to mental harassment and cruelty by his wife in the following forms:

• Physical attacks on the man.

• Continuous rage, anger, screaming or yelling at the man.

• Constant belittling or criticizing of the man's abilities, employment, or looks.

• Publicly flaunting an affair or adulterous relationship by the woman.

• Falsely accusing the man of committing adultery

• Failing to tell the man about an acquired sexually transmitted disease while continuing to maintain sexual relations with him.

• Making it a ritual to stay away from the marital residence without any valid explanation.

Mental Harassment at Workplace

Harassment at the workplace can occur in various ways. A mental harassment case against an employer can be made under conditions such as:

• Harassment is based on the grounds of age.

• Harassment on the grounds of disability.

• Defamation - To demean and libel is to damage the reputation or image of an individual.

• Discrimination on the grounds of caste.

• Harassment on the grounds of Sexual Orientation and Marital Status.

• Harassment on the grounds of Race, Sex, Religion, and National Origin.

Mental Harassment by Neighbour

Mental harassment by a neighbour can arise from a range of issues. The mental harassment sections of IPC respectively includes the following:

• IPC Section 268 (Nuisance): This could include acts to annoy, or cause danger or physical injury. Actions such as playing loud music at odd times or late night can constitute nuisance.

• IPC Section 425 (Mischief): This could include acts that are likely to cause damage, or wrongfully cause damage or destruction of property while being fully aware of it beforehand. For example, construction of a common wall at the property line which causes damage to the neighbour's house and refusing to compensate can be considered as an act of mischief.

• IPC Sectional 411 (Criminal Trespassing): An example of criminal trespassing is a vehicle owner who parks in your designated spot in the apartment's parking even after repeating warnings not to do so.

To deal with mental harassment from neighbours, you can contact a criminal lawyer to discuss the case.

Mental Harassment of a Senior Citizen

There is no specific law to protect Senior Citizens from Harassment but if the allegations are proven to be false, the person can file suit for defamation or damages. For any physical harassment, the Indian Penal Code would be applicable.

How to file a Complaint for Mental Harassment?

There is no specific procedure provided in any law to deal with mental harassment in the workplace. Since mental harassment has been categorized in various forms under Indian law, the action to be taken shall be in accordance with the particular kind of harassment you have faced. If it is a corporate mental harassment case, collect evidence of the harassment, including written records or witness testimonies. Approach the relevant authority, such as HR or legal advisors, and document incidents with dates and details. For more information on the topic, refer to the guide on how to file a mental harassment complaint. If you have been a victim of mental harassment, it's crucial to get legal counsel from advocates who specialize in mental harassment cases. On LawRato, you can connect with expert Lawyers to discuss your case.

If you have been a victim of mental harassment, it’s crucial to get legal counsel from advocates who specialize in mental harassment cases. On LawRato, you can connect with expert Lawyers to discuss your case.

Recent High Court Judgement

In a recent judgement, the Delhi High Court noted that a wife's attempt to alienate children from the father constitutes "parental alienation," which is also an act of  “grave mental cruelty”. While the husband may be a poor spouse, it doesn't automatically make him a deficient parent. 

Frequently Asked Questions (FAQs) on Mental Harassment

Q. 1 What are the IPC sections for harassment?
A. Sections 294, 354, 354A, 498A, 509 etc. can be invoked for mental harassment in India, depending upon the kind of harassment and the facts of the case.

Q.2 Can one file an FIR for mental harassment?
A. Yes, depending upon the kind of harassment, one can file an FIR for mental harassment.

Q.3 What is mental harassment?
A. Mental harassment could be termed as hostile conduct or cruelty affecting the mind or the psychology of another individual.

Q.4 What is the punishment for mental harassment?
A. Since ‘mental harassment’ can be taken as an umbrella term for several kinds of harassment, there is no particular punishment attached to it. Different kinds of mental cruelty or harassment attract different kinds of punishments.

Q. 5 What is an example of mental harassment?
A. Examples of mental harassment could be sexual harassment, dowry demands, obscene acts in public, mental cruelty in marriage, insulting the modesty of women, cyber cruelty, etc.

Q. 6 Can a person file a case for mental harassment?
A. Yes, definitely, depending upon the facts and circumstances of the case.

Q. 7 Can one complain about mental harassment online?
A. Depending upon the facts of the matter at hand, online complaints can be filed. For example, an online FIR can be filed for obscene acts in public and even for cyber crimes, complaints can be filed online.

How can a lawyer help you?

One of the first and most important steps you should start with is to hire a good criminal lawyer , as he is aware of the legal processes and nitty-gritty involved in the criminal case. A criminal lawyer has the legal knowledge and experience necessary to handle and draft necessary documents related to the offence. He will be able to guide you and draft relevant documentation for you according to your special circumstances and facts, and the necessary things to be involved. A criminal lawyer is aware of good legal techniques. Hiring a lawyer will help you in more ways than one. You can also ask a lawyer online a free legal question using LawRato's Ask a Free Question service.

Advocate Chikirsha Mohanty

4.0 | 2+ user ratings Greater Kailash - 1, Delhi
5 years

GET LEGAL HELP

GET LEGAL HELP

Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

TALK TO A LAWYER