The ongoing dharna at Delhi’s Jantar Mantar has now taken a formidable form, which started after some medal holders accused of sexual harassment, now farmers’ leaders have also joined in this demonstration, and the same anti-BJP parties are fiercely attacking the accused BJP leader. After the intervention of the Supreme Court, the Delhi Police registered two FIRs against BJP leader and Wrestling Federation of India WFI President Brij Bhushan Singh, the first under the POCSO Act and the second FIR under Section 345, Section 345(A), Registered under Section 354 (D) and Section 34, but why was he not arrested despite so many serious allegations in the FIR, this is a big question, in such a situation, what are the rules that are benefiting Brij Bhushan Singh, let’s go into detail Do you know?
Which section covers for what crime let’s know
- If assault or use of criminal force on a woman to harm her modesty and honor or coercion with wrongful intent has been done to her, then in such cases action is taken under Section 354 of the Indian Penal Code.
Punishment
In this section, if the offense is proved on the guilty, then he can be punished for a minimum of one year and a maximum of 5 years of imprisonment or fine or both.
Non-bailable Section:
Let us tell you that the offense committed under this section is a cognizable and non-bailable, which means that the Magistrate Court has the right to consider the case and grant bail after hearing the arguments of the prosecution and the complainant.
What is IPC Section-354A
If a person makes an offer of physical contact or unwanted and explicit sexual intercourse or demands or requests for sexual favours, without her consent, or shows her obscene material or makes sexual remarks, he is guilty of the offense of sexual harassment.
Punishment
If an accused is found guilty under clause (i) or clause (ii) or clause (iii) of sub-section (1), he shall be punishable with rigorous imprisonment. The punishment may extend to three years or with fine or with both.
Bailable Offences:
This case is serious but a bailable offence, which means that on receipt of a complaint, the police have to register a complaint, but the accused can get bail from the police station itself
What is IPC section 354D,
- If a man follows a woman and makes contact, or makes repeated attempts to escalate a personal conversation, against the woman’s will or despite clear signs of refusal; or monitors a woman by using internet, email or any other means of electronic communication, he shall be deemed to be guilty of stalking and shall be liable to be proceeded against under section 354D of IPC.
Punishment:
If the accused is found guilty in this case, he can be punished with imprisonment of either description for a term which may extend to three years, or with fine.
Bailable / Non-bailable
If someone is found guilty under this section for the first time, he can get bail, but if someone commits this act more than once, then this offense becomes non-bailable.
- Punishment for aggravated sexual assault. Whoever commits aggravated sexual assault on a minor shall be punished with rigorous imprisonment for a term which shall not be less than five years. This punishment can be extended up to seven years. He can also be fined. it is a non bailable offense
Arrest not necessary
- Due to the non-bailable and serious nature of the three sections, the demand for the arrest of Brij Bhushan Sharan is continuously gaining momentum. But, the provisions of Section 41A of the IPC and several judgments of the Supreme Court state that if the maximum punishment prescribed for the offense is less than 7 years, then the arrest of the accused is not mandatory. In such a situation, arrest of the accused is not mandatory even for cognizable offence. However, the arrest of the accused can be done only when the Investigating Officer feels that it is necessary.
WHAT IS CRPC 41A
- : Where such person complies and continues to comply with the notice, he shall not be arrested in respect of the offence referred to in the notice unless, for reasons to be recorded, the police officer is of the opinion that he ought to be arrested.
Let us tell you that after the decision of the Supreme Court, the Delhi Police registered a case in the presence of about 10 inspectors of Delhi.
Which is now being investigated by 7 women officers of Delhi Police, in such a situation, the wrestlers are continuously protesting at Jantar Mantar for 16 days i.e. from 23rd April, regarding the arrest of Brij Bhushan Singh, which is taking a new form day by day.
