File a complaint against sexual harassment in India

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Definition Of Sec 354A - Sexual Harassment and Punishment for Sexual Harassment

1. A man committing any of the following acts,
(i) Physical contact and advances involving unwelcome and explicit sexual overtures; or
(ii) a demand or request for sexual favours; or
(iii) showing pornography against the will of a woman; or
(iv) 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

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How to File a Complaint Under IPC 354A

A victim of coercion or sexual harassment suffers severe mental health consequences in addition to physical harm. If you are a victim of sexual harassment, you have the right to make a complaint under IPC 354A. However, if the offence of outraging the modesty of woman also involves assault or force, you can seek justice u/s IPC 354. IPC 354 is a non-bailable offence and of the more serious nature.

You can fill in your details and connect with LawRato’s network of best rated lawyers. You may also find a lawyer of your choice based on their years of experience and other details.

At LawRato, a comprehensive network of expert lawyers with years of experience come forward to help you in every step of seeking justice.

1. With the aid of LawRato, you can find the best-rated criminal lawyer in your city. A professional criminal lawyer will assist you in filing a complaint under IPC 354A Section
2. Your lawyer from LawRato will now help you to fill in the required details in the written complaint and it is submitted to the police in charge
3. Considering the facts and circumstances of the case an FIR will be lodged at the police station and a police investigation takes place.
4. Now you will be accompanied by your lawyer to the court trial and proceedings
5. At the end of the court proceedings, either conviction or acquittal of the offender is decided by the court
6. If the court believes the victim is subjected to sexual harassment, the offender is punished with an imprisonment term which may extend from one to three years based on the facts of a case, or with a fine, or with both
7. In case the court believes the accused is not guilty of an offence under IPC 354A then the court can order an acquittal. You can move to a higher court and your lawyer can help you in the appeal process.

Here the word sexual harassment shall include the unwelcomed sexual advances, behaviours or favours whether through physical, verbal, or non-verbal conduct made by a man towards a woman in a degenerate way against a victim’s will or consent.

How to Defend Yourself Under IPC 354A

If you are a man falsely accused because of a misuse of the section of IPC 354A, you must seek immediate legal help. LawRato is here to assist in your legal proceedings with its wide network of experienced criminal defence lawyers in your city.

1. Since IPC 354A is cognizable, the police officer will have to register the FIR when approached by the victim.
2. Your lawyer from LawRato shall provide necessary legal support in proving your innocence. Here your lawyer can share the crucial course of action which can aid you in further legal proceedings.
3. After the chargesheet has been filed by the police, the court proceedings are initiated.
4. Your lawyer will defend you on your behalf by presenting the facts of the case before the court of law.
5. In case the court believes the accusations made against you under 354A are presumably right, you can file an appeal with the support of your defence lawyer.

Difference Between 354 and 354A IPC

Section 354 and Section 354A of the IPC primarily deal with the protection of women’s dignity and modesty from sexual offences. However, the intention and language of these sections are what makes them different.

1. In Section 354, the criminal intention of the accused is majorly considered whether to count the act as an offence or not. Such as,
- Molesting, forcing, or assaulting the victim;
- Making an unwanted physical contact with the victim that can outrage her modesty

2. However, in the IPC 354A Section, the offence committed by the accused need not necessarily be physical contact. Also, the very act of criminal offence committed by the accused is enough to attract Section 354A without the need for proving the criminal intention of the accused

The punishment procedure and bail provisions of IPC Section 354 and 354A also differ in the length of imprisonment and the amount of fine as follows.

A Quick Glance – IPC 354 and 354A

1. IPC 354 – Use of assault or criminal force on a woman intending to outrage her modesty
- Punishment – Imprisonment from one to five years and a fine
- Bail – Non-bailable offence

2. IPC 354 – IPC 354A - Sexual harassment in the nature of unwelcomed sexual advances; demand for sexual favours; showing pornography against the will of a woman
- Punishment – Imprisonment up to a term of three years; or fine; or both
- Bail – Bailable Offence

3. IPC 354A - Sexual harassment in the nature of making sexually coloured remarks
- Punishment – Imprisonment up to a term of one year; or fine; or both
- Bail – Bailable Offence

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Section 354 and 354A provide women with the right to protection from intimidation and sexual harassment respectively. The victims of sexual harassment under IPC 354A have the right to file a complaint and seek justice. Likewise, an accused under IPC 354A have equal rights to defend themselves.

At LawRato, the network of professional lawyers can help you with the legal procedures under IPC 354A. Consult a criminal lawyer in your city at LawRato for quick and easy professional legal support.

Frequently Asked Questions (FAQs)

Q. How can I contact LawRato to file a complaint under Section IPC 354A?
A. The client can contact the selected lawyer at LawRato through message, email or call and schedule a meeting.

Q. Can LawRato provide me with the best lawyer suited for my case under IPC 354A?
A. The client can be assured of finding the best-suited lawyer with the help of detailed lawyer profiles and filters. You can choose your lawyer among the list of lawyers as per your preference.

Q. Is my personal information safe with LawRato?
A. Yes. LawRato is committed to respecting the privacy of the client. The client details are only shared with the selected lawyer.

Q. How can LawRato assist the falsely accused person under IPC 354A?
A. Yes, LawRato provides the best-matched lawyer for your criminal lawyer near me searches to assist the falsely accused under IPC 354A to provide them with the best legal representation to defend themselves in court proceedings.