Introduction
The Brijbhushan Singh (Chief of Wrestling Federation of India), is accused of serious charges of sexual harassment, criminal force to outrage women’s modesty & stalking. With this, the aid of Brijbhushan Singh, Vinod Tomar is also accused of criminal intimidation & supporting (abetting) an criminal offence.
Today, We are not going to judge who is right or wrong. We will discuss the interpretation of constitution of India about these criminal offences, their punishment and interpretation in simple understandable language.
If you are also here to know about this in very simple and understanding language, then please read this article till the end.
So, let’s start-
Who is BrijBhushan Singh?
Brijbhushan Sharan Singh is an Indian politician & also serving at the post of MP (Member of Parliament). He was elected as MP from the Kaiserganj Constituency (Uttar Pradesh). He is member of BJP and currently serving with the post of the President of Wrestling Federation of India.
His life is full of controversies such as-
- Arrested in Babri Masjid Demolistion
- Booked under TADA for supporting and harboring the shooters of Dawood Ibrahim (Specially Designated Global Terrorist by the United States)
But he was later released from the all charges due to lack of evidence.
Currently, He is accused of sexual harassment by India's top female wrestlers. These consist of 7 female wrestlers including 1 minor who have testified against him in an FIR.
Charges on Brijbhushan Singh
There are Mostly three charges that are Brijbhushan Singh slapped with-
1. IPC 354 – Assault or Use of Criminal Force with aim of outrage women’s Modesty
Interpretation
In simple words, If a person Knowlingly, uses criminal force to assault a women, knowing that, it will harm the modesty of the women, will be slapped with the IPC 354. It covers non-consensual physical acts that violate a woman's modesty and dignity. The section also includes instances of making sexually colored remarks or gestures.
Punishment
The person who slapped with and convicted under IPC 354, will be punished with the descriptive time of Rigorous Imprisonment, which may extend to 2 years or with fine or both.
In general, the imprisonment wont be less than 1 year and may extend to the 5 years.
Availability of Bail
Its an cognizable and non-bailable offence [its means, after the registration of FIR, Police can arrest the accused person without any warrant and except the discretion of judge, bail won’t be allowed.]
2. IPC 354A- Sexual Harassment
Interpretation
It covers unwelcome physical contact, advances, or any sexually colored remarks, or shows explicit material with the intent to harass a woman. This section focuses on creating a safe environment and protecting women from harassment.
Punishment
The maximum punishment for IPC 354A is imprisonment of up to 3 years for the first offense. Subsequent offenses can result in imprisonment of up to 5 years.
Availability of Bail
Non-Bailable and Cognizable [bail can only be granted on the discretion of judge]
3. IPC 354D- Stalking
Interpretation
Section 354D of the IPC pertains to the offense of stalking. It criminalizes the act of following, contacting, or attempting to contact a person repeatedly despite their disinterest or objection. The section aims to provide protection against persistent unwanted attention that causes fear or distress.
Punishment
The punishment for IPC 354D is imprisonment of up to 3 years for the first offense. Subsequent offenses can lead to imprisonment of up to 5 years.
Availability of Bail
It’s an non-bailable offence.
Charges against Vinod Tomar
Vinod Tomar is Slapped with 109 and 506 section of IPC.
1. IPC 109 - Offence of Criminal Intimidation
Interpretation
Section 506 of the IPC deals with the offense of criminal intimidation. This covers the actions or threats made with the intention to cause fear of injury to another person, their reputation, or property. The act of criminal intimidation may be expressed/commits through words, gestures, or other means.
Punishment
The maximum punishment for IPC 506 is imprisonment of up to 2 years, or a fine, or both.
But if the offense is deemed to be a serious threat to cause death or grievous hurt, then the maximum punishment may be increased to 7 years of imprisonment.
Availability of Bail
It is Non-Cognizable and bailable.
2. IPC 506 - Offence of Abetment
Interpretation
Section 109 of the IPC deals with the offense of supporting the crime [abetment]. It states that a person who instigates, aids, or conspires with others in committing a crime is considered an abettor/supporter in crime. The abettor may be held liable for the same offense as the person who directly committed the act.
Punishment
IPC 109 does not describes a specific punishment because it is related to abetment, which is often linked to the main offense.
Availability of Bail
It is Cognizable and bailable.
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