sexist language against women in delhi now an ipc offence: abuses of women will be very difficult, decision of Delhi courtOn December 22, 2020 by admin
- Abusing a woman will be heavier now
- Delhi court’s decision, if abused, the case will be done under IPC
- The man challenged the decision of the magistrate court in the upper court
Sexist remarks against women are now going to be overwhelming. A Delhi court has said that by doing so, the accused will be charged with sexual harassment under the Indian Penal Code (IPC) section. In fact, a man had appealed to a magistrate court against the sexual harassment charges leveled against him, but the court rejected him.
Court ready for hearing on woman’s complaint
In February, the Magistrate Court had agreed to hear a police case in which a woman accused her manager in January 2016 of using a Hindi word that is used as abusive language. The man challenged the case in the sessions court. But despite all the arguments, the court agreed to hear the woman’s complaint.
Sessions judge made important remarks
Additional Sessions Judge Dharmendra Rana said, “While framing the charge, the court cannot separate the statement of the complainant, where he has made a special charge against the accused.” He said that if the complainant could not mention the date and time of the incident, it did not mean that his complaint should be dismissed without investigation.
The woman has accused her manager
The woman said in her charge that the incident took place last month and her manager abused her by sitting at her desk. When she brought it to the attention of her reporting manager, she said that if she wanted to work in this company, Ignore it.
The accused’s lawyer said – all is false
The man’s lawyer appealed to the sessions court to quash the magistrate court order. The lawyer argued that the woman did not complain in the company but filed a false case against her client. Counsel stated that the complainant did not record a statement under section 164 of the Criminal Procedure before the court. The man’s lawyer argued that when the woman was asked to resign from the company due to her professional incompetence, she filed a case against her sales manager.
Referred to the Supreme Court’s decision from the court
The court, citing Supreme Court Judgment Shivraj Singh Ahlawat v. State of UP, said that the charge against the accused would be reviewed but it would not be the basis of his conviction. Judge Rana said, “It is implied in the law that the court does not require immediate evidence at the time of the charge. If there are some errors in the statement of the complainant, it will be seen during the trial.
Court said, so hearing
The judge said that the woman’s failure to record a statement in court could not be the basis for dismissing her complaint. In the eyes of the court, the trial court needs to record the statement only when the court feels that the accused can be acquitted. However, when the court prima facie considers it to be a case, it cannot be considered an argument.
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