New Delhi: The legal troubles of Swatantra Bhardwaj, arrested in connection with an assault incident at Jantar Mantar during a protest by the ‘Cockroach Janata Party’, continue to mount. He has been remanded to one day of judicial custody, during which he will be questioned. A new FIR has been registered against him under sections of the POCSO Act, BNS (Bharatiya Nyaya Sanhita), and the IT Act.
The case involves multiple allegations, including sexual harassment of a minor, stalking, outraging the modesty of a woman, and criminal intimidation. Notably, the sections invoked in the FIR are bailable, meaning there is no legal mandate for immediate arrest under these specific provisions. Swatantra Bhardwaj was arrested from Bulandshahr in connection with this case.
He was subsequently produced before the Duty Magistrate at Patia. At the House Court via video conferencing. The court remanded him to one day of judicial custody; the matter is now scheduled for a hearing in the relevant court on Monday. Earlier, Nagina MP Chandrashekhar Azad had arrived at the Sansad Marg Police Station with the minor victim regarding the assault incident at Jantar Mantar. Following this, the Delhi Police swung into action and registered a case against Swatantra Bhardwaj based on the complaint involving the minor.
What are the 5 sections invoked in the FIR?
A total of five sections from the BNS, POCSO Act, and IT Act have been invoked in the new FIR. Each section carries a specific legal implication; for instance, acts that outrage the modesty or dignity of a woman fall under these provisions.
When is Section 351 of the BNS applied?
Section 351 of the BNS is invoked in cases involving the intimidation or threatening of an individual. It carries a potential prison term of up to two years and is considered a bailable offence.
When is Section 12 of the POCSO Act applied?
This section is invoked in cases related to the sexual harassment of a child. A conviction under this section can lead to imprisonment of up to three years; it is also a bailable offence.
What is Section 67 of the IT Act?
This section is applied in cases involving the publication or transmission of obscene material via electronic media. It also provides for imprisonment of up to five years and a fine of up to ₹10 lakh.
When did the issue flare up?
The matter gained momentum during a CJP protest at Delhi’s Jantar Mantar. Sanjay Azad was allegedly assaulted during the incident. Subsequently, a video surfaced on social media in which Swatantra Bhardwaj was heard claiming to have split open Sanjay Kumar’s head during the incident.
Moreover, the video claimed that the injury required 60 stitches. Based on this video, activists from the CJP, Congress, and Azad Samaj Party marched to Sansad Marg and surrounded the police station, demanding the arrest of the accused.
