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UNAL
hey i am sorry this happpened to you, however supporting your GF and taking her side was one of the best and most important steps you could take. You next step is to calm down and make sure you do not so anything out of haste. verbal abuse and physically hitting someone can get you into jail
You were unable to explain why your GF didnt want to complain against the guy but because you talk about POSH, I am going to assume she works with him
Your GF may not want to complain as she is afraid she will lose her job or it will affect the dynamics she has at work. However she must understand by letting him go, she is causing more harm to herself than good. There are a few options for her
1. seek therapy. She is extremely traumatised and proper help will help her understand what happened with her and give her the strength to complain. You may also consider therapy for yourself as witnessesing someone you love being harassed is extremely traumatising as well and is not talked about enough in society
2. Ask her to get in touch with a employment/POSH lawyer who can assist her with making anonymous complaint to the HR and posh. While POSH does not explicitly state the vicitm can be anonymouce, if the internal committee allows for it, it is possible. https://ssrana.in/posh-law/articles/anonymity-under-posh-act/#:~:text=While%20the%20POSH%20Act%20does%20not%20explicitly,the%20safety%20and%20confidentiality%20of%20those%20involved.&text=In%20such%20cases%2C%20the%20Committee%20ensures%20the,by%20permitting%20cross%2Dexamination%20only%20through%20written%20questionnaire.
3. If she has the financial power, ask her to search for another job. Who knows how this man may punish her next
4. I have no faith in the criminal system, but she can consider filing an FIR. However understand that this will involve police, investigation and lengthy court dates. if you are able to get an amazing lawyer, you may take this routeUThat a purposive interpretation should be made of section 148 of the NI Act. Normally the Appellate Court will be justified in imposing the condition of deposit as provided in section 148.However in cases where the Appellate Court is satisfied that the condition of deposit of 20% will be unjust or imposing such a condition will amount to deprivation of the right of appeal of the appellant, exception can be made for reasons specifically recorded
[https://www.indialaw.in/blog/criminal/supreme-court-20-deposit-not-absolute/#:~:text=%E2%80%9CThe%2C%20amended%20Section%20148%20of,the%20application%20file%20by%20the](https://www.indialaw.in/blog/criminal/supreme-court-20-deposit-not-absolute/#:~:text=%E2%80%9CThe%2C%20amended%20Section%20148%20of,the%20application%20file%20by%20the)
UNAL (source: google)Section 148 of the Negotiable Instruments Act (NIA) empowers the appellate court to order the appellant (drawer) to deposit a minimum of 20% of the fine or compensation awarded by the trial court in an appeal against conviction under Section 138 of the NIA
UNAL ( all the information i am giving you is from a google search so please ask a lawyer)so verbal contracts are binding in india, but if you choose to leave the contract, it is on the CMS to prove that they had clearly communicated to you the terms of the contract and the consequences of leaving the contact. if they want to take you to court (which i highly doubt they will), the court will look at all the circumstances including your actions to see if you both were truly in a contract.
How is the CMS monitizing your content? do they have the password to your account? I mean you can just walk away from them and change your password. And if they try to harass you just defend yourself on social media. You can also expose them to your fans, usually fans have a loyality to you and not the CMS.
UIf a police officer ever beats you up here are the following steps :-To file a case against police for beating you up, you should first file a First Information Report (FIR) at the nearest police station, and if the police refuse to register the FIR, you can approach the Superintendent of Police or a Judicial Magistrate. You can also file a complaint with the National Human Rights Commission or the State Human Rights Commission.
You can also file a complaint to the officer in charge
however to give you a bitter pill, human rights in india are shit. Most likely the case will be covered up. However, if you are willing to fight the long battle, there are lawyers whose entire career is dedicated to upholding human rights. Obviously, it take a village to fight such uphill battles but it is doable. The minute we tolerate a slap from a police officer, it emboldens him/her to do worse to people who are more helpless.
NAL.
Ufile an FIR. if the police dont file one, send a letter to the SP or file a complaint petition to the magistrate. This will help you if they file a case for compensation.
if your vehicle was damaged contact your insurance company.talk to a lawyer who deals with the MVA act
NAL
Upost about them on linkdin and report the company to your college intern cell. No internship can take money from youUNALyou can file a case to the BCI or the states bar council. That is if you have faced any loss because he has been AFK . [https://www.barcouncilofindia.org/info/complaints-against-advocates](https://www.barcouncilofindia.org/info/complaints-against-advocates)
UNALi am so sorry you feel this is the only option you have. I would like to share a poem that helped me
# “To the Young Who Want to Die,” by Gwendolyn Brooks
Sit down. Inhale. Exhale.
The gun will wait. The lake will wait.
The tall gall in the small seductive vial
will wait will wait:
will wait a week: will wait through April.
You do not have to die this certain day.
Death will abide, will pamper your postponement.
I assure you death will wait. Death has
a lot of time. Death can
attend to you tomorrow. Or next week. Death is
just down the street; is most obliging neighbor;
can meet you any moment.You need not die today.
Stay here–through pout or pain or peskyness.
Stay here. See what the news is going to be tomorrow.Graves grow no green that you can use.
Remember, green’s your color. You are Spring.UNALthe lawyer would know the facts of the case better than us and would also know how police/politicians and SC activist groups function so maybe listen to him.
However i dont agree with his advise of asking your mother to leave town. Your case seems like it has some hope. Maybe consider taking advise of some other lawyers as well.
UNALthey are saying that if from the facts its not directly evident your mom did some crime (use castist slurs), then your mother can apply for anticipatory bail. anticipatory bail is when you ask the court to let you go before the police arrest you. You have to pay some money for that. Normal bail is asking to be let go after the police arrest you. Again like all bail, you have to pay money.
UNALNo she cannot do anything to harass you. She might file false cases which might lead the police to investigate you but be aware of your rights as a citizen
UNALwhere is your friend located? you can usually approach pro bono clinics of law schools and NLUS and law students can help you with drafting the complaint.
i think its better to first file a complaint under POSH before escalating to an FIR but a lawyer who deals with such complaints would know better.
Filing an FIR against him might help ensure her safety as there will be records with the police however, ask her to be alert and to always travel home with someone trusted
side note, HR is not your friend. Always ask her to have records of the meetings (she can send a summary of the meeting in email, or atelast send an email confirming she met HR on that date). Ask her to collect evidence and proof. I am not sure if she is required to first complain to HR before escalating to an FIR, but if she is required to complain first to HR, ask a lawyer to draft the complaint.
UNALSo it will be his insurance company that will claim from you. he will file a claim with his insurance company, they will collect the FIR he filed and then send someone to acess the damage. My advise would be never to give compensation without legal representation because the amount he will ask you might not reflect the damange couase to him and he might not stop asking for more.
UNALif there were signs/proof of force, these sections would apply of the BNS
* **Section 115**: Voluntarily causing hurt
* **Section 354**: Criminal force and assaultIf the police dont file an FIR, you can always write a letter to the SP or write a complaint petition to the police
If there is evidence the accused groomed your son from a young age (when he was a minor), you can file a case under the POCSO as the act is gender neutral for both victims and offenders (a women can be booked for sexually assaulting a boy)
hope this helps,`there are many therapists/NGO’s that help with rehabilitating and giving councel to male victims of sexual assault
