Crimes, Torts, Harassment and other issues in the Tarun Tejpal case

Superb explanation of legal position on Tehelka Editor Sexual Assault case.

Reality Check India

Indian news and social media is on fire with the sexual assault charges against the Editor-In-Chief of the Tehelka News Magazine, Mr Tarun Tejpal.  The details are here at Delhi Durbar.

As the story developed, Ms Shoma Chowdhary the Editor of Tehelka is reported to have snapped at some reporter “Are you the aggrieved party”. There were also several tweets by lawyers and journalists who suggested that the victim was free to choose between criminal and civil complaints.  This is disturbing on many levels because the contents of the leaked email clearly indicate the possible commissioning of a crime.

The justice system of India and most countries rests on a clear distinction between the “crimes” and  “torts”, or simply criminal and civil law.  The way these two branches are prosecuted, the standard of evidence, and the punishment are all different. If someone cheats you on a contract or defames…

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