Indian Penal Code: The Brahmastra of Human Resources

Note: All views and contexts quoted are personal to the author and do not deal with any real-life incident or occurrence at any point in time. IPC falls under criminal law, and HR professionals typically deal with the administrative aspect, addressing civil aspects of law via labor acts.

Mr. Ranjan was an HR Manager with ABC Enterprises, with 20 years of experience managing unionized workers in a manufacturing setup based near Kolkata. A few days ago, he received a complaint that one worker had assaulted another with a stick over a debate related to the Citizenship Amendment Act (CAA). The following morning, the aggrieved worker, Alok, reported to Ranjan with visible inflammation on his left hand, claiming he was struck by Ramesh.

Following protocol, Ranjan sought medical verification from the company's registered doctor, who confirmed the injury was due to a scuffle. A discussion ensued based on the complaint, revealing the altercation had indeed occurred in front of Ramesh's house after a challenge was issued. Ramesh received a caution notice for misconduct and intimidation of another employee. Ramesh's supervisor, Mr. Ganesh, was particularly upset, having considered Ramesh a dedicated worker and having planned a pay raise for him.

Ramesh appeared remorseful for a few days, though he was troubled by the escalation of the issue, which could jeopardize his appraisal. However, another incident soon followed. During the Durga Puja festival, Ramesh and his friends, some of whom were intoxicated, were celebrating in front of their club near Ramesh's house. Mr. Ranjan, who was visiting pandals with his young son, happened to be at the same location. Recognizing Ranjan, Ramesh, driven by vendetta, and his friends assaulted Ranjan and his six-year-old son after following them for about 20 minutes to a secluded area.

Following the assault, Ramesh did not return to duty. Ranjan's family filed an FIR, and Ramesh was terminated from his job. Meanwhile, a government officer visited Ranjan's office to discuss the case and took some original documents with him. It took two months for Mr. Ranjan to recover, and during this time, it was rumored that Ramesh had secured a better job with a competitor, Amit Enterprises, thanks to a friend who offered him a higher salary and a car.

Ranjan engaged his sister-in-law, a novice lawyer, to represent him in court. The case involved multiple hearings, where Ramesh's defense lawyer successfully argued on various fabricated grounds, citing IPC sections 85, 95, 96, 98, 167, and 108. Ranjan's lawyer, inexperienced in such matters, struggled to counter these arguments effectively, despite presenting multiple documents and highlighting Ramesh's performance issues and prior warnings. Ambiguity in the supervisor's testimony, which seemed sympathetic to Ramesh, further complicated the case. Ultimately, the judge acquitted Ramesh due to a lack of incriminating evidence.

It was later revealed that the original documents Ranjan had submitted were lost, as the person who collected them was not a public servant but an associate of Ramesh. Reflecting on these events, Ranjan realized his mistake in hiring an inexperienced lawyer and sought advice from Raghubir, a seasoned HR professional. Raghubir recommended appealing the verdict in a higher court and advised Ranjan to familiarize himself with the IPC to better handle such situations in the future. He suggested that the case should have been fought on grounds such as IPC sections 170, 201, 209, 213, 307, 325, 425, and 503, focusing on false representation, injury, attempted murder, and criminal intimidation.

Raghubir emphasized the importance of understanding the IPC not only for legal battles but also for discussions on the shop floor to deter mischief and promote greater sensitization. He likened HR policies and documents to 'astras' (weapons) for solving routine problems, but for existential threats, one needs a 'brahmastra' (ultimate weapon), recognized even by the Supreme Court.

Taking this advice to heart, Ranjan appealed to the higher court and won the case, resulting in Ramesh's imprisonment on multiple counts. Raghubir provided Ranjan with a table for a clearer understanding of the IPC sections relevant to their discussion.