VidhiSangh

Supreme Court of India · 05/08/2022

XYZ versus STATE OF MADHYA PRADESH & ORS

[2022] 18 S.C.R. 163 · 2022 INSC 799

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Summary

A yoga instructor at a national institute in Gwalior alleged sexual harassment by its Vice-Chancellor. The police registered no FIR despite repeated complaints, though the Internal Complaints Committee found the allegations established. She applied under Section 156(3) CrPC. The Magistrate found a prima facie offence but treated the application as a complaint case, and the High Court upheld this as discretionary. The Court reiterated, following Lalita Kumari, that police must register an FIR when a cognizable offence is disclosed, and should treat complainants of sexual offences sensitively. Where a prima facie cognizable offence appears and key evidence lies with the accused, here CCTV recordings of his chamber allegedly taken away by him, investigation must be ordered. The appeal was allowed and investigation directed under a woman officer of at least Superintendent rank.

Issues

  1. Whether a Magistrate who finds a prima facie cognizable offence on a sexual harassment complaint may, under Section 156(3) CrPC, decline to direct police investigation and treat it as a complaint case when vital evidence is in the accused's possession.
  2. What duties the police and courts owe complainants alleging sexual harassment or assault.

Provisions considered

Held

Result

Appeal allowed. The High Court's judgment and the Magistrate's direction to treat the matter as a complaint case are set aside, and police investigation under Section 156(3) is ordered, supervised by a woman officer not below Superintendent of Police nominated by the zonal DIG. No opinion is expressed on the merits.

Judgment PDF: Supreme Court of India, [2022] 18 S.C.R. 163.