What to Do If You Face Harassment at Your Workplace or While Getting a Service

A Bengaluru woman recently reported that a delivery agent allegedly committed an obscene act during a delivery. The company immediately terminated the employee, and police registered a case. This incident reminds us that the law takes workplace and service-related harassment seriously, whether you're the victim or the accused.

Let's break down what the law says and what you can actually do if you face such a situation.

What counts as harassment or obscene behaviour?

The Bharatiya Nyaya Sanhita (BNS), which replaced the old Indian Penal Code in 2023, defines several offences. Section 75 covers sexual harassment: unwelcome physical contact, sexually coloured remarks, showing pornography, or any other unwelcome conduct of a sexual nature. Section 79 deals with insulting the modesty of a woman through words, gestures, sounds, or objects. Section 329(2) addresses obscene acts in public places or where others can see.

Suppose a delivery person, a cab driver, a technician visiting your home, or even a colleague at work behaves inappropriately. That behaviour could fall under one or more of these sections. The law does not require you to prove physical harm. Even verbal comments, staring, gestures, or exposing oneself can be criminal offences.

What should you do immediately?

First, prioritise your safety. If you feel threatened, move to a safe location or call someone you trust. If the incident happens at a workplace, report it to your supervisor or HR immediately. If it involves a service provider like a delivery agent or driver, contact the company's customer support right away. Most platforms have 24-hour helplines and take such complaints seriously.

Second, preserve evidence. Take screenshots of messages, save call recordings if your phone allows, note down the time and place, and if there were witnesses, ask for their contact details. Evidence strengthens your case significantly.

Third, file a police complaint. You can walk into any police station regardless of where the incident occurred. Police must register your complaint. If they refuse, you have the right to approach the Superintendent of Police or use online complaint portals available in most states. For women, many police stations have dedicated women's help desks.

What happens after you file a complaint?

Once you file a complaint, police will register a First Information Report (FIR). They will investigate, which may include recording statements, gathering evidence, and questioning the accused. The accused may be arrested depending on the severity and evidence. Remember, until a court convicts someone, they are legally presumed innocent. The investigation and trial process can take time.

You have the right to know the status of your case. You can ask the investigating officer for updates. If you feel the investigation is unfair or delayed, you can approach higher police officials or file a complaint with the State Human Rights Commission.

What if this happens at your workplace?

If you work for a company with ten or more employees, the law requires an Internal Complaints Committee (ICC) under the Sexual Harassment of Women at Workplace Act, 2013. You can file a written complaint with the ICC within three months of the incident. The committee must complete its inquiry within 90 days. If the ICC finds the complaint valid, the employer must take action, which can include termination.

Even if your workplace does not have an ICC, or if you are a man facing harassment, you can still file a police complaint under the BNS sections mentioned earlier.

What you should actually do now

Know your rights. Whether you are an employee, a gig worker, or a customer, no one has the right to harass you. If something feels wrong, trust your instinct. Document everything, report immediately to the relevant authority, and do not hesitate to approach the police.

If you are unsure about the legal process or need help drafting a complaint, consult a verified advocate on Lex Now who can guide you through the specific steps for your situation.

This article is general legal awareness, not legal advice. Laws change and every case is different — consult a verified advocate on Lex Now for guidance on your situation.

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