• Sexually colored comments by Church Vicar (Priest)

I visited the vicar (priest) of our Church, as per his request, in connection with my wedding ceremonies. When I was alone with him in his office, he asked me a series of sexually colored questions including 'Did you ever engage in prostitution?', 'Did you let any of your prospective grooms touch you under your blouse in exchange for money?'. He continued with similar questions even after seeing me visibly uncomfortable.

Does his action constitute a crime under sections 354 and 509 IPC? Are there other relevant laws/sections? How should I proceed? Can I send him a legal notice for an apology? Can I file a police complaint?
Asked 3 years ago in Criminal Law
Religion: Christian

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11 Answers

You should file a complaint narrating the whole incident. The police will call him for questioning and register a fir.

Rahul Mishra
Advocate, Lucknow
14107 Answers
65 Consultations

  • A man committing any of the following acts is guilty of sexual harassment under Section 354A of Indian Penal Code, 1860--

(i) physical contact and advances involving unwelcome and explicit sexual overtures; or

(ii) a demand or request for sexual favours; or

(iii) showing pornography against the will of a woman; or

(iv) making sexually coloured remarks, shall be guilty of the offence of sexual harassment.

(2) Any man who commits the offence specified in clause (i) or clause (ii) or clause (iii) of sub-section (1) shall be punished with rigorous imprisonment for a term which may extend to three years, or with fine, or with both.

In your case comes under clause (iv). There is not need to issue any notice seeking apology. You can file criminal complaint against him in the Court of Magistrate. For further clarification you may contact me through Pathlegal. Hit the like button if the advice is useful to you.    

Ravi Shinde
Advocate, Hyderabad
4195 Answers
42 Consultations

1) You can send legal notice to priest to tender an unconditional apology 

 

2) also file complaint against priest with the Episcopal Vicar, whose jurisdiction the parish comes under. If, despite everything, the party is still not satisfied she/he could then approach the competent Auxiliary Bishop.

 

3) Further appeal, if any, would be heard by the Archbishop whose decision is final.

 

4) no need to file police complaint 

Ajay Sethi
Advocate, Mumbai
96925 Answers
7820 Consultations

You can give a complaint to the local police for such misbehavior of the so called priest.

Since the priest may be holding a dignitary post in the society, you may have to put pressure on the police to investigate  and initiate proper legal action on him.

Sending him a legal notice may not fetch you desired relief, instead it may even backfire which may cause you more harm 

T Kalaiselvan
Advocate, Vellore
87122 Answers
2338 Consultations

- Section 354 in The Indian Penal Code : Assault or criminal force to woman with intent to outrage her modesty.—Whoever assaults or uses criminal force to any woman, intending to outrage or knowing it to be likely that he will thereby outrage her modesty, shall be punished with impris­onment of either description for a term which may extend to two years, or with fine, or with both.

 

- Section 509 in The Indian Penal Code : Word, gesture or act intended to insult the modesty of a woman.—Whoever, intending to insult the modesty of any woman, utters any word, makes any sound or gesture, or exhibits any object, intending that such word or sound shall be heard, or that such gesture or object shall be seen, by such woman, or intrudes upon the privacy of such woman, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both.

- Hence an FIR can be filed against him under the section 509 of IPC

- However, before lodging your compliant you can give him a chance to apologize after complaining to the head of that Church . 

Mohammed Shahzad
Advocate, Delhi
14508 Answers
221 Consultations

File a written complaint before the local police station. Please be sure to take an acknowledgement of your complaint. In case police do not act on your complaint, you need to move an application u/s 156(3) cr.pc. 

Let appropriate sections be levied by the police or judiciary.

Pradipta Nath
Advocate, Durgapur
26 Answers

Dear client,

For filing any legal complain you need make sure that it shall not be a part of your marriage ceremony as per your personal religion laws. If it was not then you go ahead and ask for apology but it does not come under defamation as he asked these question to you when you are alone in the room.

Thank You

 

Anik Miu
Advocate, Bangalore
10164 Answers
119 Consultations

You can proceed with above sections against him. They are appropriate

Prashant Nayak
Advocate, Mumbai
32479 Answers
200 Consultations

Makes out an offence under 354 IPC.

 

Straightway lodge a FIR> 

Vibhanshu Srivastava
Advocate, Lucknow
9659 Answers
307 Consultations

Hey,

Under section 509 of IPC, the police can register an FIR against the priest. So, approach the local police station near you to do the same. 

Sanjay Narayandas
Advocate, Hyderabad
103 Answers

It is not understood that why the Priest concentrated on prostitution questions and not on adultery etc.

so there seems to be something on these lines (if not in reality then in his mind).

Not able to understand what he got by asking those questions.

So you are not telling the complete story.

 

Also when you were not comfortable, maybe you can enlighten us why you not asked him to stop and allowed to continue the same. Maybe you wanted to know how he came to know abt all those things. 

 

It seems the marriage not took place because a 'just married' person wont have time for this.

So now you are trying to release your anger on whoever possible. 

 

my sympathy is with you but you should have acted at that moment and walked out of there or asked him to behave.

so you can make as many complaint you want, but be ready with answers for these questions.

Better send a legal notice first.

Ankur Goel
Advocate, Bangalore
454 Answers

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