ed to take immediate action of arrest of accused of a serious offence”. Excerpts from the interview:
Q/ It has been more than a month since the Delhi Police registered an FIR against Brij Bhushan Singh for sexual harassment, stalking and under the Protection of Children from Sexual Offences Act. Why has no arrest been made?
A/ The offences of sexual assault and aggravated sexual assault (POCSO) are non-bailable and cognizable. Ordinarily, accused is arrested on the day FIR is registered. Police are apparently giving a long rope to the accused for reasons best known to them.
Q/ How different are the IPC sections of sexual harassment and stalking from POCSO in attracting police action and punishment?
A/ POCSO requires much more prompt action from the police as it covers offences against those below 18 years. The case of the minor girl in this case attracts Section 10 of the POCSO Act which carries a minimum punishment of five years and maximum of seven years. On the other hand, Section 354 of IPC, which covers assault or criminal force on women with intent to outrage her modesty also provides for a minimum punishment of one year which may be extended to five years.
Q/ Does it mean the accused should not be arrested immediately if POCSO does not apply in the case?
A/ No. As I have said, offence under Section 354 IPC is non-bailable and cognizable offence punishable upto five years. Accused is ordinarily arrested.
Q/ A decade after Justice Verma committee set up in the aftermath of 2012 Nirbhaya case said offences like sexual harassment, stalking, voyeurism need to be dealt as criminal offences, it seems there is a grey area in recognising these offences. Your comments?
A/ It would be wrong to say that there is a grey area in recognising these offences. The Justice Verma committee, headed by Justice J.S. Verma (former CJI), gave an impressive 630-page report extensively dealing with laws related to rape, sexual harassment, etc. It is only in the cases of politically powerful people, this “grey area” seems to be created.
Q/ How has the image of Indian sports been impacted by the protests?
A/ The overall image of Indian sports has been adversely affected. These kind of incidents will compel parents to think twice before sending their daughters out for sports.
Q/ When the accused had denied all charges, how does the legal system ensure justice to both victim and accused?
A/ A delicate balance has to be struck between the presumption of innocence and personal liberty on one hand and need to take immediate action of arrest of accused of a serious offence. There are enough guidelines in this regard in numerous judgments of the apex court.
Q/ The Delhi High Court has to take a decision based on the status report filed by the Delhi Police. If there is insufficient evidence, what are the options before the victims?
A. Courts never issue directions to the police to arrest an accused in such cases. It is the discretion of the investigating officer. The court can only ask of expeditious investigation. In CrPC, the police have leeway in this regard.
