• Whistle blowing

Sir,
If I choose not to be whitleblow because I don't have a documentary evidence to report a a wrong doing in my workplace, is it a lapse or I am I at fault legally for not reporting the work doing?
Asked in Civil Law from IMPHAL, Manipur
1. There is no provision of Act which states that you will be punished for not blowing the whistle for want of evidence but as per law you shall have to report a crime which has been committed in your knowledge,

2.  Unless you can support your complaint against a person with evidence, your such comlaint can back fire you since the said person can sue you for lodging false complaint against him without any evidence. 
Krishna Kishore Ganguly
Advocate, Kolkata
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1) whistleblower act has been enacted by parliament for protection of the whistleblowers 

2) if you  are aware of any wrongdoing in your workplace you should inform the authorities 

3) if yiu don't have any evidence yiu should not lodge any false and baseless allegations 
Ajay Sethi
Advocate, Mumbai
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Unless you have documentary evidence how can you call an act 'wrongdoing'. If there is some prima facie evidence of wrongdoing, which is sufficient to launch an inquiry, you may report it. 
Ashish Davessar
Advocate, Jaipur
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The Act seeks to protect whistle blowers, i.e. persons making a public interest disclosure related to an act of corruption, misuse of power, or criminal offense by a public servant.
Any public servant or any other person including a non-governmental organization may make such a disclosure to the Central or State Vigilance Commission.
Every complaint has to include the identity of the complainant.
The Vigilance Commission shall not disclose the identity of the complainant except to the head of the department if he deems it necessary. The Act penalizes any person who has disclosed the identity of the complainant.
The Act prescribes penalties for knowingly making false complaints.
Ajay Sethi
Advocate, Mumbai
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Whistleblowing. The disclosure by a person, usually an employee in a government agency or private enterprise, to the public or to those in authority, of mismanagement, corruption, illegality, or some other wrongdoing. Since the 1960s, the public value of whistle-blowing has been increasingly recognized.
The above is the meaning for whistle blowing given by google. 
Now you want to whether you can blow the whistle when you do not have substantial evidence to prove the incident which you want to establish by blowing the whistle.(?)
Well, there is nothing wrong in keeping quite without informing the authorities about th incidences happening before your eyes or believed to go going on behind the screen when you feel that you cannot be able prove it when you are required to do it.  
In all the probabilities, under such a situation, your presence silence may help you gather more information and evidence to blow the whistle loudly at an appropriate time which would be effective and the purpose can be achieved. 
T Kalaiselvan
Advocate, Vellore
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176 Consultations

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